City of Lake Elsinore Meeting Date:
City Council Meeting September 08, 2026
Agenda
Cultural Center Meeting Time:
183 N. Main Street Closed Session: 5:30 PM
Lake Elsinore, CA 92530 Open Session: 7:00 PM
And via Zoom
Mayor Magee
Mayor Pro Tem Sheridan
Council Member Tisdale
Council Member Manos
Council Member Carroll
Welcome
The City of Lake Elsinore appreciates your attendance and participation. Citizens’ comments, input, and interests provide the City Council with valuable information regarding community issues.
Meeting Information
Meetings are held on the 2nd and 4th Tuesdays of every month, and the agenda is posted outside City Hall 72 hours prior to each meeting. The agenda and related reports are also available on the City’s website at www.Lake-Elsinore.org.
Attendance
Members of the public may attend this meeting in person or remotely via Zoom. Meetings are conducted in person at the Lake Elsinore Cultural Center, televised live on Spectrum Cable Station Channel 29 and Frontier Cable Channel 31, streamed online at https://www.lake-elsinore.org/204/Agendas-Minutes, and remotely via Zoom. If you are attending the meeting in person, please park in the parking lot across the street from the Cultural Center to assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. Join the meeting via the Zoom application or call in at 1-699-254-5252 and press pound (#) and enter Meeting ID 875 3516 9232 and passcode 807641.
Public Comments – Addressing the City Council
We respectfully ask those interested in addressing the City Council to either submit a request to speak online at http://www.lake-elsinore.org/city-government/agendas-and-minutes or submit a completed “Request to Speak” form to the City Clerk at the meeting. This Form is available on the table located inside the Council Chamber. Public comment may be provided during the Public Comment portion(s) of the meeting or to address specific agenda items, subject to the time limits and procedures announced by the Mayor or Presiding Officer. Members of the public wishing to provide comments on Agenda items must note the item on the “Request to Speak” form. Persons requesting to speak will be called to address the City Council when the applicable item is considered by the City Council during the meeting. Members of the public who wish to speak remotely should follow the instructions provided in the Zoom meeting and/or announced by staff at the meeting. Speakers are subject to the same time limits and decorum requirements as in-person speakers. Inperson speakers will be called to speak, followed by remote speakers.
Written Communications
If you would like to submit written comments, you may do so prior to the meeting either by entering them online at the link above or emailing them to the City Clerk at [email protected]. Any written communications or additional documents distributed to the City Council within 72 hours of the meeting will also be made available to the public in accordance with Government Code Section 54957.5.
Language Access
Translated agenda materials and meeting information, if required, are available at http://www.lakeelsinore.org/city-government/agendas-and-minutes. For language assistance or interpretation requests, please contact the City Clerk at [email protected].
Accessibility Accommodations
In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk’s Department at (951) 674- 3124, Option 6, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility.
Dream Extreme 2040 is the City’s FIRST long-term strategic plan to assist the City in its pursuit of achieving its vision. The plan is a living document that will be updated regularly and serve as the framework to guide all decision-making over the next 20 years by identifying key Anchors, Aspirations, and Strategies.
Our Vision is that the City of Lake Elsinore will be the ultimate destination where all can live, work, play, build futures, and fulfill dreams.
The Anchors are the City of Lake Elsinore’s unique community assets and opportunities: The Lake, Downtown, and Action and Adventure.
Our Aspirations are broad, long-term goals that encapsulate what we hope to achieve in Lake Elsinore’s future. The City has identified 4 key aspirations to work towards.
Items on the agenda that align with Aspirations from the Dream Extreme 2040 Plan are noted by the Aspiration’s icon to highlight City Council actions that help the City pursue its goals.
To read the plan and learn more about its implementation, visit www.Lake-Elsinore.org/DreamExtreme2040.
City Council Agenda September 08, 2026
City of Lake Elsinore Page 2
CALL TO ORDER - 5:30 P.M.
The Regular Meetings of the Successor Agency will be called to order.
ROLL CALL
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Recommendation:
(Gov’t Code Section 54956.8)
Property: APNs 373-210-040 and 373-210-042
Agency negotiators: Executive Director Simpson, Assistant Executive Director Buckley, and Agency Counsel Leibold
Negotiating parties: Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and Lake Elsinore Storm LP and Golden State Concessions and Catering, Inc.
Under negotiation: Price and terms of payment
RECESS
The Agency Members will recess to Closed Session.
RECONVENE/CALL TO ORDER - 7:00 P.M.
The Regular Meeting of the Successor Agency will reconvene and the Regular Meeting of the City Council will be called to order.
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
PRESENTATIONS/CEREMONIALS
Constitution Week Proclamation
Recommendation:
Present a Proclamation proclaiming the week of September 17-23, 2026 as “Constitution Week" in the City of Lake Elsinore.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
(Please read & complete a Request to Address the City Council/Successor Agency form prior to the start of the meeting and turn it in to the City Clerk/Clerk. The Mayor/Chair or City Clerk/Clerk will call on you to speak.)
1. 2.
3. 4.
4.1 5.
6. 7.
8. 9.
10. 10.1
11. City Council Agenda September 08, 2026
City of Lake Elsinore Page 3
CITY COUNCIL CONSENT CALENDAR
Minutes of the Regular City Council Meeting of August 25, 2026 Recommendation:
Approve the Minutes.
CC Warrant Report Dated July 27, 2026 to August 2, 2026 Recommendation:
Receive and file.
CC Warrant Report Dated August 3, 2026 to August 9, 2026 Recommendation:
Receive and file.
Purchase of Real Property Located on Sannelle Street for Pope Circle Drainage Project (APN 378-254-009)
Recommendation:
Approve the purchase of a vacant parcel of real property located on Sannelle Street for the Pope Circle Drainage Project for a purchase price of $64,000, plus closing costs, and authorize the City Manager to execute the Vacant Land Purchase Agreement and Joint Escrow Instructions and such other ancillary documents as may be necessary to complete the purchase, in such final form as approved by the City Attorney.
Agreement with Duthie Power Service for City-Owned Generators Maintenance and Repairs
Recommendation:
Approve and authorize the City Manager to execute a Contractor Services Agreement with Duthie Power Service for service and maintenance of city-owned generators in an amount not to exceed $35,000 per fiscal year in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $3,500 for unanticipated costs.
Amendment No. 1 to the Special Legal Services Agreement with Fennemore, LLP
Recommendation:
Approve and authorize the City Manager to execute Amendment No. 1 to the Special Legal Services Agreement with Fennemore, LLP to provide Special Counsel legal services to the City in final form as approved by the City Attorney.
12. 12.1
12.2 12.3
12.4 12.5
12.6 City Council Agenda September 08, 2026
City of Lake Elsinore Page 4
Road Closures for Civic Center Grand Opening
Recommendation:
Approve temporary road closures for the Civic Center Grand Opening on October 1, 2026, as identified in the attached traffic plans, and allow for changes as necessary and approved by the City Engineer.
SUCCESSOR AGENCY CONSENT CALENDAR
Minutes of the Regular and Special Successor Agency Meetings of August 25, 2026
Recommendation:
Approve the Minutes.
SA Warrant Report Dated July 27, 2026 to August 2, 2026 Recommendation:
Receive and file.
SA Warrant Report Dated August 3, 2026 to August 9, 2026 Recommendation:
Receive and file.
PUBLIC HEARINGS
BUSINESS ITEM
Update on Notice of Violation for Code Enforcement Case No. 26-447 for Super Star Car Wash Located at 29150 Central Avenue
Recommendation:
Receive a staff report, take public comments, and provide staff with further direction on the matter.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Request to Address the City Council/Successor Agency form prior to the start of the meeting and turn it in to the City Clerk/Clerk. The Mayor/Chair or City Clerk/Clerk will call on you to speak.)
CITY MANAGER COMMENTS
CITY ATTORNEY COMMENTS
CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
12.7 13.
13.1 13.2
13.3 14.
15. 15.1
16. 17.
18. 19.
City Council Agenda September 08, 2026
City of Lake Elsinore Page 5
ADJOURNMENT
The Lake Elsinore City Council will adjourn to the next Regular meeting on Tuesday, September 22, 2026 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.
AFFIDAVIT OF POSTING
I, Luz Reyes, CMC, Deputy City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall at 5:30 p.m. on Thursday, September 3, 2026. ______________________________
Candice Alvarez, MMC, City Clerk
20. 21.
City Council Agenda September 08, 2026
City of Lake Elsinore Page 6
REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Barbara Leibold, Agency Counsel
Date: September 8, 2026
Subject: CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APNs 373-210-040 and 373-210-042
Agency negotiators: Executive Director Simpson, Assistant Executive Director Buckley, and Agency Counsel Leibold
Negotiating parties: Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and Lake Elsinore Storm LP and Golden State Concessions and Catering, Inc.
Under negotiation: Price and terms of payment
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Candice Alvarez, MMC, City Clerk
Date: September 8, 2026
Subject: Constitution Week Proclamation
Recommendation
Present a Proclamation proclaiming the week of September 17-23, 2026 as “Constitution Week" in the City of Lake Elsinore.
Attachments
Attachment 1 – Proclamation
Consitution Week
Proclamation
WHEREAS, it is the privilege and duty of the American people to commemorate the two hundred thirty-ninth anniversary of the drafting of the Constitution of the United States of America with appropriate ceremonies and activities; and WHEREAS, the Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to the rule by law; and
WHEREAS, September 17, 2026, marks the two hundred thirty-ninth anniversary of the framing of the Constitution of the United States of America by Constitutional Convention; and
WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which commemorate it; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23, 2026 as “Constitution Week”.
Robert E. Magee
Mayor
NOW, THEREFORE, the City Council of the City of
Lake Elsinore, California, does hereby proclaim the
week of September 17-23, 2026, as “Constitution
Week” in the City of Lake Elsinore and asks our
citizens to reaf irm the ideals the Framers of the
Constitution had in 1787 by vigilantly protecting the
freedoms guaranteed to us through this guardian of
our liberties, remembering that lost rights may
never be regained.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Candice Alvarez, MMC, City Clerk
Date: September 8, 2026
Subject: Minutes of the Regular City Council Meeting of August 25, 2026 Recommendation
Approve the Minutes.
Attachments
Attachment 1 – Draft Minutes
City of Lake Elsinore Meeting Date:
City Council Meeting August 25, 2026
Minutes - Draft
Meeting Time:
Closed Session: NONE
Mayor Magee Open Session: 7:00 P.M.
Mayor Pro Tem Sheridan
Council Member Tisdale Cultural Center
Council Member Manos 183 N. Main Street
Council Member Carroll Lake Elsinore, CA 92530
1. CALL TO ORDER - 7:00 P.M.
The Regular Meetings of the City Council and the Successor Agency were called to order at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Magee led the Pledge of Allegiance.
3. ROLL CALL
Present: 5 - Council/Agency Members Tisdale, Manos, and Carroll; Mayor Pro Tem/Vice Chair Sheridan; and Mayor/Chair Magee
Absent: 0 - None
4. PRESENTATIONS/CEREMONIALS
4.1 Business in Action Monthly Spotlight for August 2026 – Lewis Cleaners Recognize Lewis Cleaners as the City of Lake Elsinore’s Business in Action Monthly Spotlight for August 2026.
Mayor Magee presented the Certificate of Recognition to Brian Cole.
4.2 2026 Summer Aquatics Update
Recreation Aide Harding presented the update.
4.3 CalFire 2026 Second Quarter Statistical Update
Chief Reed presented the update.
City Council Minutes - Draft August 25, 2026
City of Lake Elsinore Page 2
5. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Mikhail Petin, Georgette Winchell, and Ace Vallejos were called to speak.
6. CITY COUNCIL CONSENT CALENDAR
Moved by Council Member Tisdale, seconded by Council Member Carroll to approve the City Council Consent Calendar with Mayor Pro Tem Sheridan abstaining from voting on Agenda Item No. 6.11. The motion carried by the following vote:
Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)
6.1 Minutes of the Special City Council Meeting of August 7, 2026 and Regular City Council Meeting of August 11, 2026
Approve the Minutes.
This item was approved on the City Council Consent Calendar.
6.2 CC Warrant Report Dated July 13, 2026 to July 19, 2026 Receive and file.
This item was approved on the City Council Consent Calendar.
6.3 CC Warrant Report Dated July 20, 2026 to July 26, 2026 Receive and file.
This item was approved on the City Council Consent Calendar.
6.4 CC Investment Report for July 2026
Receive and file the Investment Report for July 2026.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft August 25, 2026
City of Lake Elsinore Page 3
6.5 Acquisition of Environmental Mitigation Property
Approve the Purchase and Sale Agreement With B-Max Mitigation Property, LLC; Lake Elsinore Mitigation Site LLC; John J. Johnson Revocable Living Trust Dated August 9, 2017; and Hushmand Taghdiri Trust Dated February 20, 1998, For the Acquisition of Approximately 44.69 Acres of Real Property (APNs 371-090-022, - 003, -004; 371-150-010; and 371-160-007) located on the Lake Elsinore Shoreline for Environmental Mitigation Purposes for a Purchase Price of $12,265,000 plus ancillary closing costs and authorize the City Manager to execute the Agreement and such other ancillary documents as may be necessary to complete the purchase.
This item was approved on the City Council Consent Calendar.
6.6 On-Call Agreement with Nathan Ashbrook for Repairs, Maintenance, Servicing, and Related Work Associated with the Vintage Trailers at Launch Pointe Recreation Destination & RV Park
Approve and authorize the City Manager to execute a On-Call Agreement with Nathan Ashbrook for repairs, maintenance, servicing, and related work associated with the vintage trailers at Launch Pointe Recreation Destination & RV Park for an annual amount not to exceed $50,000 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $5,000 for uncertainties and adjustments.
This item was approved on the City Council Consent Calendar.
6.7 Amendment No. 3 with Blais & Associates, LLC for Grant Writing Services Approve and authorize the City Manager to execute Amendment No. 3 to the Agreement for Professional Services with Blais & Associates, LLC to provide grant writing and administration services in an amount not to exceed $80,000 per fiscal year in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
6.8 Contractor Services Agreement with Jade Window Coverings, LLC for the Design, Purchase, and Installation of the Interior Office Window Coverings in the New City Hall Project (CIP Project No. Z20006)
Approve and authorize the City Manager to execute a Contractor Services Agreement with Jade Window Coverings, LLC for the design, purchase, and installation of the interior office window coverings in the New City Hall Project in an amount not to exceed $63,411.00 in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed a 10% contingency of $6,341.00 for uncertainties and adjustments, and authorize the City Clerk to record the Notice of Completion once the work is complete.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft August 25, 2026
City of Lake Elsinore Page 4
6.9 Approval of Final Tract Maps 35337-3, 35337-4, and 35337, Spyglass Approve Final Tract Maps No. 35337-3, 35337-4, and 35337 subject to the City Engineer‘s acceptance as being true and correct, authorize the City Clerk to sign the maps and arrange for their recordation, and approve and authorize the City Manager to execute the construction agreements.
This item was approved on the City Council Consent Calendar.
6.10 Amendment No. 3 to the Professional Services Agreement with Chen Ryan Associates for the Murrieta Creek Multi-Use Trail Project Approve and authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with Chen Ryan Associates for geotechnical testing and construction support services for the Murrieta Creek Multi-Use Trail Project in the amount of $60,200 for a total contract amount not to exceed $772,208.83 in such final form as approved by City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $6,020 for unanticipated costs.
This item was approved on the City Council Consent Calendar.
6.11 Purchase of One (1) Crew Cab Truck
Approve and authorize the City Manager to execute a Purchase Order with Moss Brothers for the purchase of one (1) crew cab truck in an amount not to exceed $64,622.44 in such final form as approved by the City Attorney, and authorize the City Manager to execute change orders not to exceed a 10% contingency of $6,462 for unanticipated costs.
This item was approved on the City Council Consent Calendar with Mayor Pro Tem Sheridan abstaining from voting on this item.
7. SUCCESSOR AGENCY CONSENT CALENDAR
Moved by Agency Member Tisdale, seconded by Agency Member Carroll to approve the Successor Agency Consent Calendar. The motion carried by the following vote:
Yes (5): Agency Members Tisdale, Manos, and Carroll; Vice Chair Sheridan; and Chair Magee
Absent (0): None
Carried (5 to 0)
7.1 Minutes of the Regular Successor Agency Meeting of August 11, 2026 Approve the Minutes.
This item was approved on the Successor Agency Consent Calendar.
City Council Minutes - Draft August 25, 2026
City of Lake Elsinore Page 5
7.2 SA Warrant Report Dated July 13, 2026 to July 19, 2026 Receive and file.
This item was approved on the Successor Agency Consent Calendar.
7.3 SA Warrant Report Dated July 20, 2026 to July 26, 2026 Receive and file.
This item was approved on the Successor Agency Consent Calendar.
7.4 SA Investment Report for July 2026
Receive and file the Investment Report for July 2026.
This item was approved on the Successor Agency Consent Calendar.
8. PUBLIC HEARING
8.1 Extension of Time Request for Tentative Parcel Map No. 38124 (North Elsinore Business Park Project) located between Collier Avenue and El Toro Road
1. Find that, pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15162, the extension of time request would not have a significant effect on the environment, and no new environmental documentation is necessary because all potentially significant effects have been adequately analyzed in a previously adopted Mitigated Negative Declaration (SCH No. 2022030368); and
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING A FOUR-YEAR EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 38124 TO JUNE 14, 2030.
The Public Hearing was opened at 7:31 p.m.
Planning Manager Huynh presented the staff report.
City Clerk Alvarez noted that no written requests were received.
There were no speakers.
The Public Hearing was closed at 7:36 p.m.
City Council Minutes - Draft August 25, 2026
City of Lake Elsinore Page 6
Moved by Council Member Carroll, seconded by Council Member Manos to approve staff’s recommendations. The motion carried by the following vote:
Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)
9. BUSINESS ITEM
9.1 Urgency Ordinance Establishing a 45-day Moratorium on Data Center Development Pursuant to Government Code Section 65858
Adopt AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING A 45-DAY MORATORIUM ON
THE ACCEPTANCE AND PROCESSING OF NEW ENTITLEMENT
APPLICATIONS RELATED TO DATA CENTERS.
City Attorney Leibold presented the staff report.
Jeanie Corral, Araceli Preciado, Robert Murray, Mikhail Petin, Cheymene Bunke, and Ace Vallejos were called to speak in person, and Barbara Myles and Kacey Donner were called to speak on Zoom.
Moved by Council Member Manos, seconded by Council Member Tisdale to adopt the Urgency Ordinance. The motion carried by the following vote:
Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)
10. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
Renee Griffiths, Orquidea Wilcox, and Briana Wilcox were called to speak.
11. CITY MANAGER COMMENTS
City Manager Simpson had no comments.
12. CITY ATTORNEY COMMENTS
City Attorney Leibold had no comments.
City Council Minutes - Draft August 25, 2026
City of Lake Elsinore Page 7
13. CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Carroll invited the community to participate in the City's Trunk-or-Treat event from 5:00 to 8:00 p.m. on October 10, 2026 in Downtown and the Food Truck Festival from 5:00 to 9:30 p.m. on Thursday, September 3, 2026 at Launch Pointe; and shared his attendance at the ribbon-cutting ceremony for the new pool at the Lake Elsinore Casino.
Council Member Tisdale spoke on his attendance at the Northwest Mosquito and Vector Control District meeting on August 20, 2026 and shared mosquito and vector control tips; spoke on his attendance at the Western Riverside Council of Governments meeting on August 3, 2026; and thanked Richard and Von Piceno for hosting a luncheon for the City's first responders, public works, and staff.
Council Member Manos encouraged high school juniors and seniors to apply to participate in the Dream Extreme Future Leaders Program; and announced that this year's MariachiFest will be held on September 19, 2026 at Diamond Stadium.
Mayor Pro Tem Sheridan recognized Lewis Cleaners; shared his participation in Riverside Transit Agency's Touch-a-Truck event on August 23, 2026 at Diamond Stadium; and congratulated Marie Emma Wharton and Monica Figueroa, who are recipients of Supervisor Karen Spiegel's Senior Legacy Awards.
Mayor Magee reported on three mega-warehouse fires throughout California; spoke on a new car wash violating the City's noise ordinance; and spoke on the caring nature of the City's residents.
14. ADJOURNMENT
The Lake Elsinore City Council adjourned at 8:35 p.m. to the next Regular meeting of Tuesday, September 8, 2026 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.
Candice Alvarez, MMC
City Clerk
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: September 8, 2026
Subject: CC Warrant Report Dated July 27, 2026 to August 2, 2026 Recommendation
Receive and file.
Discussion
The Warrant Report lists all general checks issued since the prior Warrant Report.
Attachments
Attachment 1 – City Warrant Summary
Attachment 2 – City Warrant List
JUL 27, 2026
TO AUG 2, 2026
CITY OF LAKE ELSINORE CITY WARRANT SUMMARY
FUND NO. FUND DESCRIPTION TOTAL
100 GENERAL 2,516,285.58 $
103 THE ANCHOR 4,209.49
110 GAS TAX 889.97
130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 47,539.48 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 7,931.05 180 LAUNCH POINTE 92,429.50
300 INSURANCE SERVICE (12,759.07)
305 INFORMATION SYSTEMS SERVICE 37,142.36
310 SUPPORT SERVICE 1,636.72
315 FLEET SERVICE 30,556.89
320 FACILITIES SERVICE 20,193.93
379 CFD 2022-1 ALBERHILL IMPROVEMENT 3,500.00
500 CAPITAL IMPROVEMENT PLAN 501,130.45
620 COST RECOVERY TRUST DEPOSITS 207,778.78
GRAND TOTAL 3,458,465.13 $
Attachment 1 1 of 1
JUL 27, 2026
TO AUG 2, 2026
CITY OF LAKE ELSINORE CITY WARRANT LIST
WARRANT NO. VENDOR NAME AMOUNT
APA27000180 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 19,472.50 $ APA27000181 AUTOZONE PARTS, INC. 468.38
APA27000182 CED LAGUNA 13,637.58
APA27000183 CHARTER COMMUNICATIONS 123.08
APA27000184 COAST RECREATION, INC. 24,819.46
APA27000185 CONCENTRA 1,231.00
APA27000186 CR&R, INC. 1,943.41
APA27000187 DISCOUNT HAULING & CLEANUP SERVICE 12,575.00 APA27000188 EXCEL LANDSCAPE, INC. 42,457.00
APA27000189 FRONTIER CALIFORNIA - INTERNET 769.72
APA27000190 FRONTIER CALIFORNIA, INC. 1,293.25
APA27000191 GEI CONSULTANTS INC 11,843.63
APA27000192 GREAT AMERICA FINANCIAL SERVICES 1,400.13
APA27000194 INSTANT PROMOTION INC 2,367.50
APA27000195 INTERSTATE STRIPING, INC. 3,770.00
APA27000196 JON'S FLAGS & POLES INC. 1,375.69
APA27000197 KELLEN'S BAIT 282.90
APA27000198 KNORR SYSTEMS INT'L 4,320.49
APA27000199 LAI GROUP 152.79
APA27000200 LAKE ELSINORE UNIFIED SCHOOL DISTRICT 428.98 APA27000201 LSA ASSOCIATES, INC. 2,044.25
APA27000202 MOLEAER, INC 45,834.00
APA27000203 MUNICIPAL MANAGEMENT ASSOCIATION OF SO CAL 625.00 APA27000204 O'REILLY AUTO STORES INC/FIRST CALL 866.99
APA27000205 QUADIENT, INC. 236.59
APA27000206 QUALTRICS INTERNATIONAL, INC 1,541.67
APA27000207 RIVERSIDE COUNTY OFFICE OF ECONOMIC DEVELOPMENT 350.00 APA27000208 RUFF RUFF PET PRODUCTS, INC. 413.14
APA27000209 SOUTHERN CALIFORNIA EDISON CO. 23,658.10
APA27000210 STAUFFER LAWN EQUIPMENT 102.60
APA27000211 STEWART TITLE OF CALIFORNIA 550.00
APA27000212 TRB AND ASSOCIATES, INC. 4,039.68
APA27000213 UNIFIRST CORP 619.39
APA27000214 URBAN RESTORATION GROUP US, INC. 569.88
APA27000215 VULCAN MATERIALS COMPANY 622.98
APA27000216 WAXIE SANITARY SUPPLY 5,316.97
APA27000217 WESTERN RIVERSIDE COUNCIL OF GOVT'S 20,000.00 12122 AK SECURITY ALARM LLC 11,566.23
12123 ALVAREZ ENTERPRISE SERVICES 11,753.77
12124 AMAZON BUSINESS 7,050.41
12125 AMERICAN MATERIAL COMPANY 337.37
Attachment 2 1 OF 4
JUL 27, 2026
TO AUG 2, 2026
CITY OF LAKE ELSINORE CITY WARRANT LIST
WARRANT NO. VENDOR NAME AMOUNT
12126 BARROZO, ANTHONY 503.50
12127 BASUBAS, EDGARDO 1,169.00
12128 BLOCK, DIANE 1,169.00
12129 BOBO, LAWRENCE 1,169.00
12130 BOONE, ROBERT 1,169.00
12131 BRADY, ROBERT A. 551.66
12132 CARDLOCK FUELS SYSTEM LLC 328.42
12133 CARDLOCK FUELS SYSTEM LLC 252.58
12134 CARDLOCK FUELS SYSTEM LLC 5,514.80
12135 CASTANEDA, FRANCISCO 319.29
12136 CHADD, DANIEL 2,658.58
12137 CHIPMAN, ROBIN 1,913.79
12138 DAVIS, CLAUDIA 1,169.00
12139 DAVIS, RITA 800.58
12140 DOUGLAS, JOSE A. 1,776.10
12141 EAKINS, CATHERINE 755.91
12142 ELITE CUSTOM COINS 4,020.00
12143 ELKINS, MARIAN C. 503.50
12144 ENDRESEN DEVELOPMENT, INC. 20,000.00
12145 ENDRESEN DEVELOPMENT, INC. 20,000.00
12146 ENDRESEN DEVELOPMENT, INC. 50,000.00
12147 ESPINOZA, GUILLERMO PEREZ 551.66
12148 FAZZIO, JON 194.83
12149 FERGUSON, DAVID 1,935.31
12150 FOSTER, MAUREEN 551.66
12151 GIRON, DIANA 807.05
12152 GOMEZ, GUADALUPE 2,357.53
12153 GONZALES, RAMON 1,169.00
12154 GORDON, CAROL 188.16
12155 GULBRANSEN, ARLINE 319.29
12156 HANSEN, VI M. 319.29
12157 HOFFARTH, GARY 551.66
12158 HOUTZ, WILLIAM M 1,163.88
12159 JECTER, MICHELE 1,169.00
12160 KILROY, PAT 1,169.00
12161 KING WILLY LLC 13,625.00
12162 LAKE ELSINORE TIRE & AUTO, INC. 2,725.47
12163 LEON, CHARLES KIM 503.50
12164 LEONIDA BUILDERS, INC. 205,746.53
12165 LEPPER, LUCIUS 503.50
12166 MACHOTT, RICHARD J. 1,169.00
12167 MAGEE, KIMBERLY 503.50
Attachment 2 2 OF 4
JUL 27, 2026
TO AUG 2, 2026
CITY OF LAKE ELSINORE CITY WARRANT LIST
WARRANT NO. VENDOR NAME AMOUNT
12168 MILLER, CORDIE 800.58
12169 MOLENDYK, RONALD 1,169.00
12170 NORTH, EDWARD L. 551.66
12171 NORVANI, CARLOS 435.57
12172 PAYNE, WILLIAM 981.40
12173 PEREZ, SHAR-MARIE 807.05
12174 PORCHE, DANA 551.66
12175 PREISENDANZ, ROLFE 1,169.00
12176 PRINCIPAL INTEREST 16,832.00
12177 RAMIREZ, FRANCES 800.58
12178 READYREFRESH 1,219.59
12179 READYREFRESH 883.12
12180 REDMEIER, MICHAEL D. 503.50
12181 REID, SUSAN 1,169.00
12182 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 7,389.45 12183 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 1,837,373.10 12184 RUSSELL, LAWRENCE 1,169.00
12185 SANTA CRUZ, MARY 1,169.00
12186 SAPP, DAVID 1,033.14
12187 SECURITAS SECURITY SERVICES USA, INC. 2,979.15
12188 SKINNER, JOHNATHAN 1,579.52
12189 SOLORZANO, LEONEL 1,776.10
12190 SPICER CONSULTING GROUP 3,500.00
12191 TALIMAR SYSTEMS, INC 283,779.97
12192 TAYLOR, GRANT 800.58
12193 TEYLER, KENNETH 194.83
12194 THOMPSON, RITA 1,913.79
12195 TURK, JILL 503.50
12196 UNSWORTH, NOLA 1,248.29
12197 WAITE, DENNIS 503.50
12198 WATENPAUGH, RICHARD 503.50
12199 WILKIE, RAE 194.83
12201 WILMINGTON TRUST, NATIONAL ASSOCIATION 2,000.00
12202 YATES, GRANT 2,701.62
144222 KING, TAYLOR 58.73
144223 PICENO, RAFAEL 84.91
144224 EVMWD 29,159.04
144225 JON GILMER CONSTRUCTION 26,703.96
144226 MCDANIELS, DELORES 503.50
144227 OHLER, KADEN 180.00
144228 PAPAGOLOS, GUS 578.00
144229 SHERIDAN, TIMOTHY J. 939.76
Attachment 2 3 OF 4
JUL 27, 2026
TO AUG 2, 2026
CITY OF LAKE ELSINORE CITY WARRANT LIST
WARRANT NO. VENDOR NAME AMOUNT
DFT270018 FRONTIER CALIFORNIA - INTERNET 928.51
DFT270024 FRONTIER CALIFORNIA - INTERNET 531.46
DFT270042 CHARTER COMMUNICATIONS 885.00
DFT270043 CHARTER COMMUNICATIONS 475.00
DFT270044 CHARTER COMMUNICATIONS 189.98
DFT270045 CHARTER COMMUNICATIONS 550.00
DFT270046 CHARTER COMMUNICATIONS 1,035.00
DFT270047 CHARTER COMMUNICATIONS 241.97
DFT270048 CHARTER COMMUNICATIONS 46.18
DFT270049 CHARTER COMMUNICATIONS 475.00
DFT270056 PAYCHEX OF NEW YORK, LLC 2,827.31
DFT270058 COLONIAL LIFE 1,324.89
DFT270059 FRANCHISE TAX BOARD 150.00
DFT270060 FRANCHISE TAX BOARD 630.94
DFT270061 RIVERSIDE COUNTY SHERIFF'S OFFICE 926.50
DFT270062 STATE DISBURSEMENT UNIT 134.30
DFT270063 STATE DISBURSEMENT UNIT 245.53
DFT270064 FRANCHISE TAX BOARD 85.00
DFT270065 INTERNAL REVENUE SERVICE 198.50
DFT270066 NATIONWIDE TRUST COMPANY, FSB 547.54
DFT270067 FRANCHISE TAX BOARD 25,125.43
DFT270068 INTERNAL REVENUE SERVICE 119,445.94
DFT270069 MISSION SQUARE RETIREMENT 450.77
DFT270070 CALPERS 250.88
DFT270071 MISSION SQUARE RETIREMENT 15,933.40
DFT270072 CALPERS 79,361.10
DFT270075 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE 238.53 PR07162026 NET PAYROLL 331,036.95
GRAND TOTAL 3,458,465.13 $
Attachment 2 4 OF 4
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: September 8, 2026
Subject: CC Warrant Report Dated August 3, 2026 to August 9, 2026 Recommendation
Receive and file.
Discussion
The Warrant Report lists all general checks issued since the prior Warrant Report.
Attachments
Attachment 1 – City Warrant Summary
Attachment 2 – City Warrant List
AUG 3, 2026
TO AUG 9, 2026
CITY OF LAKE ELSINORE CITY WARRANT SUMMARY
FUND NO. FUND DESCRIPTION TOTAL
100 GENERAL 277,626.23 $
103 THE ANCHOR 92,043.26
110 GAS TAX 4,898.74
130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 49,687.07 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 13,752.96 155 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 34,364.42 180 LAUNCH POINTE 91,085.42
305 INFORMATION SYSTEMS SERVICE 6,436.18
310 SUPPORT SERVICE 3,793.31
315 FLEET SERVICE 17,682.29
320 FACILITIES SERVICE 95,523.95
330 CFD 2015-2S MAINTENANCE SERVICES 2,555.65
331 CFD 2006-1 IA-CC SUMMERLY IMPROVEMENT 860.19
332 CFD 2006-1 IA-B SUMMERLY IMPROVEMENT 860.19
333 CFD 2015-4 TERRACINA IMPROVEMENT 860.19
334 CFD 2015-5 TRIESTE IMPROVEMENT 837.73
336 CFD 2006-1 IA-FF SUMMERLY IMPROVEMENT 837.73
337 CFD 2016-2 CANYON HILLS IMPROVEMENT 813.33
338 CFD 2006-1 IA-JJ SUMMERLY IMPROVEMENT 837.73
339 CFD 2006-1 IA-KK SUMMERLY IMPROVEMENT 860.19
340 CFD 2006-1 IA-EE SUMMERLY IMPROVEMENT 837.73
342 CFD 2007-5S RED KITE SERVICES 614.42
343 CFD 2006-2S VISCAYA SERVICES 614.42
344 CFD 2005-2S ALBERHILL RANCH SERVICES 614.42
345 CFD 2003-2 IA-D CANYON HILLS IMPROVEMENT 1,697.92
347 CFD 2006-1 IA-A SUMMERLY IMPROVEMENT 1,474.60
350 CFD 98-1 SUMMERHILL IMPROVEMENT 860.19
351 CFD 2006-1 IA-II SUMMERLY IMPROVEMENT 860.19
355 RAD 2021-1 CANYON HILLS IMPROVEMENT 2,348.16
357 CFD 2003-2 IA-A CANYON HILLS IMPROVEMENT 1,105.95
358 CFD 2007-4S MAKENNA SERVICES 614.42
359 CFD 2021-1 IA-2 TUSCANY VALLEY & CREST IMPROVEMENT 736.74 361 CFD 2022-2 LAKESHORE IMPROVEMENT 715.28
362 CFD 2006-8S RUNNING DEER ESTATES SERVICES 614.42
363 CFD 2023-1 LAKESIDE IMPROVEMENT 715.28
364 CFD 2023-2 COASTAL MISSION TRAIL IMPROVEMENT 728.52 366 CFD 2005-6 CITY CENTER TOWNHOMES IMPROVEMENT 614.42 367 CFD 2006-1S SUMMERLY SERVICES 614.42
368 CFD 2006-2 VISCAYA IMPROVEMENT 614.42
369 CFD 2004-3 IA-1 ROSETTA CANYON IMPROVEMENT 860.19
370 CFD 2006-1 IA-HH SUMMERLY IMPROVEMENT 860.19
371 CFD 2005-1 SERENITY IMPROVEMENT 860.19
Attachment 1 1 of 2
AUG 3, 2026
TO AUG 9, 2026
CITY OF LAKE ELSINORE CITY WARRANT SUMMARY
FUND NO. FUND DESCRIPTION TOTAL
372 CFD 2005-2 IA-A ALBERHILL RANCH IMPROVEMENT 860.19
373 CFD 2005-5S WASSON CANYON SERVICES 614.42
374 CFD 2005-4 LAKEVIEW VILLAS IMPROVEMENT 307.21
375 CFD 2006-4 ROSETTA HILLS IMPROVEMENT 307.21
376 CFD 2006-3 LA STRADA IMPROVEMENT 614.42
377 CFD 2006-6 TESSARA IMPROVEMENT 368.65
378 CFD 2006-8 RUNNING DEER ESTATES IMPROVEMENT 813.33
379 CFD 2022-1 ALBERHILL IMPROVEMENT 715.28
380 CFD 2015-4S TERRACINA SERVICES 1,092.46
384 CFD 2003-2 IA-B CANYON HILLS IMPROVEMENT 3,786.94
385 CFD 2004-3 IA-2 ROSETTA CANYON IMPROVEMENT 860.19
386 CFD 2007-4 MAKENNA IMPROVEMENT 813.33
387 CFD 2007-5 RED KITE IMPROVEMENT 813.33
390 CFD 2003-2 IA-C CANYON HILLS IMPROVEMENT 2,211.90
394 CFD 2005-5 WASSON CANYON IMPROVEMENT 614.42
395 CFD 2018-1 WASSON CANYON II IMPROVEMENT 580.95
396 CFD 2019-2 NICHOLS RANCH IMPROVEMENT 826.21
397 CFD 2019-1 WESTLAKE IMPROVEMENT 826.21
398 CFD 2021-1 IA-1 TUSCANY VALLEY & CREST IMPROVEMENT 736.74 500 CAPITAL IMPROVEMENT PLAN 735,097.00
631 DESTRATIFICATION EQUIPMENT REPLACEMENT 139,213.95
650 CFD 2003-1S LAW,FIRE, PARAMEDIC SERVICES 860.19
651 CFD 2006-5S PARK, OPEN SPACE, STORM DRAIN SERVICES 614.42 652 CFD 2007-1S LAW,FIRE, PARAMEDIC SERVICES 614.42
653 CFD 2009-1S PARK,OPEN SPACE,STREET LIGHT SERVICES 614.42 655 CFD 2015-1S LAW, FIRE, PARAMEDIC SERVICES 977.41
GRAND TOTAL 1,611,548.45 $
Attachment 1 2 of 2
AUG 3, 2026
TO AUG 9, 2026
CITY OF LAKE ELSINORE CITY WARRANT LIST
WARRANT NO. VENDOR NAME AMOUNT
APA27000218 AARON FORD OF LAKE ELSINORE 181.67 $
APA27000219 ADVANCED HEATING AND AIR CONDITIONING 225.00 APA27000220 ADVANTAGE MAILING, LLC 20,037.23
APA27000221 ANDY'S GLASS & WINDOW CO. 319,744.49
APA27000222 AUTOZONE PARTS, INC. 1,025.18
APA27000223 CALIFORNIA, DEPARTMENT OF JUSTICE 280.00
APA27000224 CED LAGUNA 1,883.97
APA27000225 CENTURY LINK 41.44
APA27000226 CITY NET 90,824.14
APA27000227 CORNWELL TOOLS 1,668.59
APA27000228 COSTAR REALTY INFORMATION INC. 2,706.42
APA27000229 COUNTY OF RIVERSIDE DEPT. OF ENVIRONMENTAL HEALTH 693.00 APA27000230 COUNTY OF RIVERSIDE DEPT. OF ENVIRONMENTAL HEALTH 170.00 APA27000231 CRAFCO, INC. 3,491.10
APA27000232 CREATIVE INDUSTRIES MEDIA GROUP 6,347.50
APA27000233 CRISIS24, INC 17,572.00
APA27000234 DAVID TURCH & ASSOCIATES 3,500.00
APA27000235 DISCOUNT HAULING & CLEANUP SERVICE 24,228.00 APA27000236 EWING 185.31
APA27000237 FIX AUTO LAKE ELSINORE 2,740.31
APA27000238 FRONTIER CALIFORNIA - INTERNET 156.36
APA27000239 FRONTIER CALIFORNIA, INC. 102.58
APA27000240 FRONTIER CALIFORNIA, INC. 21,458.79
APA27000241 GEMPLER'S 664.86
APA27000242 GREAT AMERICA FINANCIAL SERVICES 541.56
APA27000243 IMAGEN, INC. 567.71
APA27000245 LESJWA 33,750.00
APA27000246 MIRACLE PLAYGROUND SALES, INC. 293.24
APA27000247 MOLEAER, INC 137,502.00
APA27000248 NETFILE, INC. 300.00
APA27000249 NPG, INC. 5,250.00
APA27000250 O'REILLY AUTO STORES INC/FIRST CALL 1,012.52 APA27000251 R&R BUSINESS SOLUTIONS 1,529.39
APA27000252 RELIABLE RENTALS, INC 2,840.00
APA27000253 SAFETY-KLEEN SYSTEMS, INC. 290.97
APA27000254 SOUTHERN CALIFORNIA EDISON CO. 120,638.58
APA27000255 STAUFFER LAWN EQUIPMENT 213.92
APA27000256 SUNBELT RENTALS, INC. 15,286.33
APA27000257 T & G GLOBAL LLC 70,000.00
APA27000258 T-MOBILE USA, INC. 330.00
APA27000259 TOWER SUPPLY COMPANY INC 3,242.47
Attachment 2 1 OF 2
AUG 3, 2026
TO AUG 9, 2026
CITY OF LAKE ELSINORE CITY WARRANT LIST
WARRANT NO. VENDOR NAME AMOUNT
APA27000260 TRI-STAR ELECTRIC 1,220.00
APA27000261 UNIFIRST CORP 619.39
12203 AK SECURITY ALARM LLC 163,886.54
12204 AMAZON BUSINESS 6,190.40
12205 CARAHSOFT TECHNOLOGY CORPORATION 5,794.74
12206 COTTER CONSTRUCTION, INC. 87,500.00
12207 ENDRESEN DEVELOPMENT, INC. 90,000.00
12208 ENDRESEN DEVELOPMENT, INC. 50,000.00
12209 FLOCK SAFETY 50,000.00
12210 INLAND BOAT CENTER, INC. 10,555.10
12211 INNOVATIVE DOCUMENT SOLUTIONS 3,251.75
12212 KPA SERVICES, LLC 2,810.52
12213 LAKE ELSINORE TIRE & AUTO, INC. 1,449.28
12214 NSIDEOUT 2,126.25
12215 PRINCIPAL INTEREST 16,832.00
12216 READYREFRESH 816.24
12217 REGIONAL CONSERVATION AUTHORITY 60,036.48
12218 SERVICE FIRST 2,274.37
12219 SMER RESEARCH 1, LLC 15,407.53
12220 SOUTHERN CALIFORNIA GAS CO. 85.28
12221 SPICER CONSULTING GROUP 56,173.92
12225 STAPLES ADVANTAGE 461.07
12226 YUNEX, LLC 7,328.00
144230 EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE OF CALIFORNIA 7,547.00 144231 EVMWD 45,077.52
144235 FERNANDEZ, SAVANNAH 103.39
144236 HEYDAY 10,085.00
144237 JACKSON, STEPHANIE J. 101.28
144238 LAKE ELSINORE UNIFIED SCHOOL DISTRICT 298.77
GRAND TOTAL 1,611,548.45 $
Attachment 2 2 OF 2
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Barbara Leibold, City Attorney
Date: September 8, 2026
Subject: Purchase of Real Property Located on Sannelle Street for Pope Circle Drainage Project (APN 378-254-009)
Recommendation
Approve the purchase of a vacant parcel of real property located on Sannelle Street for the Pope Circle Drainage Project for a purchase price of $64,000, plus closing costs, and authorize the City Manager to execute the Vacant Land Purchase Agreement and Joint Escrow Instructions and such other ancillary documents as may be necessary to complete the purchase, in such final form as approved by the City Attorney.
Background
The property consists of approximately 0.20 acre and offers a strategic opportunity for the City.
The project proposes to construct a stormwater basin with a submersible pump and storm drain force main to alleviate flooding in the area. The property is an unimproved lot. This new alignment will shorten the drainage line by 500 ft., and the acquisition will provide a more efficient design and lower construction costs.
Discussion
Following good faith negotiations, the property owner has agreed to convey the property to the City for $64,000, plus closing costs.
Pope Circle Drainage Project Land Purchase
Fiscal Impact
The purchase price of $64,000, plus closing costs, will be paid from available CIP funds out of drainage fees.
Attachments
Attachment 1 – Site Map
Attachment 2 – Purchase Agreement
APN 378-254-009
HERRERA FRANCISCO SANCHEZ
.20 ACRES
Attachment 1 – Site/Aerial Map 378-254-009
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: September 8, 2026
Subject: Agreement with Duthie Power Service for City-Owned Generators Maintenance and Repairs
Recommendation
Approve and authorize the City Manager to execute a Contractor Services Agreement with Duthie Power Service for service and maintenance of city-owned generators in an amount not to exceed $35,000 per fiscal year in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $3,500 for unanticipated costs.
Background
The City of Lake Elsinore operates multiple facilities equipped with emergency and standby power generators that support essential services during outages. These generators require routine inspection, preventative maintenance, and periodic testing to ensure operational readiness and compliance with industry standards. Duthie Power Service is a qualified and experienced provider specializing in generator maintenance, diagnostics, and emergency repairs.
Discussion
The proposed agreement with Duthie Power Service includes comprehensive maintenance and repair services at the following City facilities:
City Hall
Fire Station #85
Launch Pointe
Fire Station #97
Lake Elsinore Storm Stadium
Services included in the agreement:
Agreement with Duthie Power Service
Inspection Services – full evaluation of generator components, electrical systems, fuel systems, and safety controls.
Preventative Maintenance – scheduled servicing including oil and filter changes, coolant system checks, battery testing, and load bank assessments. Troubleshooting – diagnostic evaluation to identify performance issues, abnormal readings, or component failures.
Repair Services – replacement or repair of worn or damaged parts, correction of system faults, and restoration of full operational capability. Operational Testing – verification of generator performance under simulated or actual load conditions to ensure readiness during power outages.
Duthie Power Service provided a quote totaling $26,698 for preventative maintenance services across all listed facilities. To ensure adequate funding for any unforeseen repairs or additional service needs, staff recommend a total of $35,000.
These services are essential to maintaining uninterrupted power availability at City facilities, reducing the risk of equipment failure, and ensuring compliance with operational safety standards.
Fiscal Impact
Funds are available in the City’s FY26-27 Annual Operating Budgets.
Attachments
Attachment 1 – Agreement
Exhibit A – Proposal
Exhibit B – Service Rates
AGREEMENT FOR CONTRACTOR SERVICES
Duthie Power Services
Service & Maintenance of City Owned Generators
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of September 8, 2026, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Duthie Power Services, a Corporation ("Contractor").
RECITALS
A. The City has determined that it requires the following Contractor services:
Preventative maintenance services and inspections of city owned generators.
B. Contractor has submitted to City a proposal, dated June 12, 2026, attached hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide contractor services to City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.
D. City desires to retain Contractor to perform the services as provided herein and Contractor desires to provide such contractor services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services described in Contractor’s Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner specified in Contractor’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the contractor services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the contractor services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor’s Proposal (Exhibit A). b. Performance Schedule. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Contractor’s Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager.
c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force
and effect for a period commencing on September 8, 2026 and ending June 30, 2027. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Thirty-Five Thousand ($35,000) without additional written authorization from the City.
Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.
7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any thirdparty requests of Contractor shall be immediately referred to City, without any other actions by Contractor.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, photographs relating to project for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Contractor’s Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Contractor as provided in the Agreement, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Contractor. Contractor (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor’s services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Contractor. City has relied upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Contractor’s field of expertise.
13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members.
b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.
15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
16. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub Contractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Duthie Power Services
Attn: Garrett Talbott
2335 E. Cherry Industrial Circle
Long Beach, CA 90805
18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.
Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) nonmonetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. [Signatures on next page]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONTRACTOR”
Duthie Power Services, a corporation
By: Garrett Talbott
Its: Sales Engineer
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
SPECIALIZING IN GENERATORS & DIESEL FIRE PUMPS
SALES • SERVICE • RENTALS • 24-HR SERVICE
2335 E. Cherry Industrial Circle
Long Beach, CA 90805
LA Office: 562-790-1772
www.duthiepower.com
OFFICES IN SAN DIEGO & LA
625 Superior St. #A
Escondido, CA 92029
San Diego Office: 888-837-5839
2026-06-12
City Of Lake Elsinore
Multiple Sites
Lake Elsinore, CA 92530
Attention: Luis Ceja, .
Subject: Emergency Power Generator Preventative Maintenance Service Quotation To authorize service, please sign and date the Scheduled Service Agreement page and fax or email it back to my attention. In lieu of the service agreement, you may fax a signed purchase order. Verbal orders are not normally acceptable. If the emergency back up unit will not start during a scheduled service and/or if the technician is unable to access the unit the visit will turn into a service call and will be billed at our standard service call rates
In addition to our generator and fire pump engine service we can also offer the following services:
• Auto transfer switch cleaning and calibration
• Complete load tests and system tests
• Fuel delivery and fuel cleaning
• Rental generators up to 5000 KW paralleled
• Rental cable and hook up to your building
• Circuit breaker and switchgear service and testing
• Maintenance and construction electricians on staff to complete all of your electrical requirements All of our services are available 24 hours, 7 days a week.
If you have any questions, please do not hesitate to call.
Thank you for allowing me to be of service. For over 50 years, Duthie Power has been lucky to serve as Southern California's "Generator Experts." We appreciate your business and look forward to continuing to serve you! Respectfully,
DUTHIE POWER SERVICES
Garrett Talbott
Sales Engineer
SPECIALIZING IN GENERATORS & DIESEL FIRE PUMPS
SALES • SERVICE • RENTALS • 24-HR SERVICE
2335 E. Cherry Industrial Circle
Long Beach, CA 90805
LA Office: 562-790-1772
www.duthiepower.com
OFFICES IN SAN DIEGO & LA
625 Superior St. #A
Escondido, CA 92029
San Diego Office: 888-837-5839
Preventative Maintenance Service Proposal
2026-06-12
Sales Engineer:
Date Created:
Valid Until:
Garrett Talbott
2026-06-12
2026-09-10
Prepared for: Luis Ceja
.
City Of Lake Elsinore
Multiple Sites
Lake Elsinore, CA 92530
We propose to service your auxiliary power generator per the schedule below to keep your equipment in proper condition. You have the option to have a service performed on an increased or decreased time schedule per year, if desired. We recommend a minimum of two services per year. See information below for details on each service to be provided.
Prevailing Wage Pricing
QUANTITY QUOTED LINE ITEM BRAND SERVICE TYPE SERVICE MONTH UNIT PRICE SUBTOTAL
CITY HALL
1 125 KW
Annual Service
Annual PM Service TBD $1,036.00 $1,036.00
1 Fuel Sample
To be completed with The Annual
Service
Fuel Sample TBD $245.00 $245.00
1 125 KW
Semi Annual Service
Semi Annual PM
Service
TBD $570.00 $570.00
1 2 hour load test
To be completed with The Annual
or Semi Annual Service
2 hour load test TBD $1,500.00 $1,500.00
1 Full ATS Service Full ATS Service TBD $1,170.00 $1,170.00 $4,521.00
FIRE STATION 85
1 30 KW
Annual Service
Annual PM Service TBD $937.00 $937.00
1 Fuel Sample
To be completed with The Annual
Service
Fuel Sample TBD $245.00 $245.00
1 30 KW
Semi Annual Service
Semi Annual PM
Service
TBD $570.00 $570.00
1 2 hour load test
To be completed with The Annual
or Semi Annual Service
2 hour load test TBD $1,500.00 $1,500.00
1 Full ATS Service Full ATS Service TBD $1,170.00 $1,170.00 $4,422.00
LAUNCH POINTE
1 30 KW Annual PM Service TBD $991.00 $991.00
SPECIALIZING IN GENERATORS & DIESEL FIRE PUMPS
SALES • SERVICE • RENTALS • 24-HR SERVICE
2335 E. Cherry Industrial Circle
Long Beach, CA 90805
LA Office: 562-790-1772
www.duthiepower.com
OFFICES IN SAN DIEGO & LA
625 Superior St. #A
Escondido, CA 92029
San Diego Office: 888-837-5839
Annual Service
1 Fuel Sample
To be completed with The Annual
Service
Fuel Sample TBD $245.00 $245.00
1 30 KW
Semi Annual Service
Semi Annual PM
Service
TBD $570.00 $570.00
1 2 hour load test
To be completed with The Annual
or Semi Annual Service
2 hour load test TBD $1,500.00 $1,500.00
1 Full ATS Service Full ATS Service TBD $1,170.00 $1,170.00 $4,476.00
FIRE STATION 94
1 35 KW
Annual Service
Annual PM Service $906.00 $906.00
1 Fuel Sample
To be completed with The Annual
Service
Fuel Sample TBD $245.00 $245.00
1 35 KW
Semi Annual Service
Semi Annual PM
Service
TBD $570.00 $570.00
1 2 hour load test
To be completed with The Annual
or Semi Annual Service
2 hour load test TBD $1,500.00 $1,500.00
1 Full ATS Service Full ATS Service TBD $1,170.00 $1,170.00 $4,391.00
FIRE STATION 97
1 47 KW
Annual Service
Annual PM Service TBD $935.00 $935.00
1 Fuel Sample
To be completed with The Annual
Service
Fuel Sample TBD $245.00 $245.00
1 47 KW
Semi Annual Service
Semi Annual PM
Service
TBD $570.00 $570.00
1 2 hour load test
To be completed with The Annual
or Semi Annual Service
2 hour load test TBD $1,500.00 $1,500.00
1 Full ATS Service Full ATS Service TBD $1,170.00 $1,170.00 $4,420.00
STORM STADIUM
1 50 KW
Annual Service
Annual PM Service TBD $983.00 $983.00
1 Fuel Sample
To be completed with The Annual
Service
Fuel Sample TBD $245.00 $245.00
1 50 KW
Semi Annual Service
Semi Annual PM
Service
TBD $570.00 $570.00
1 2 hour load test 2 hour load test TBD $1,500.00 $1,500.00
SPECIALIZING IN GENERATORS & DIESEL FIRE PUMPS
SALES • SERVICE • RENTALS • 24-HR SERVICE
2335 E. Cherry Industrial Circle
Long Beach, CA 90805
LA Office: 562-790-1772
www.duthiepower.com
OFFICES IN SAN DIEGO & LA
625 Superior St. #A
Escondido, CA 92029
San Diego Office: 888-837-5839
To be completed with The Annual
or Semi Annual Service
1 Full ATS Service Full ATS Service TBD $1,170.00 $1,170.00 $4,468.00
Total $26,698.00
Agreements and Key Assumptions:
• All semi-annual inspections are plus parts and fluids, if required. • All annual inspections include oil, oil sample, oil filters, fuel filters, tax, consumables and disposal as required. • Air filters, if required, are additional.
• Load Bank Quotes ONLY: If the unit fails or there is any change in the scope of work, this quote will be billed as complete and a quote will be sent to you for additional repairs and a reload test. • Warranty: one (1) year on labor and we will extend to you the manufacturers warranty(s) on materials used. • Rates are based on work hours 7:00 AM to 3:30 PM Monday through Friday. • Prices quoted are valid for 30 days.
• Remember, Duthie's EPA number allows us to safely and responsibly remove hazardous wastes, such as lube oil and anti-freeze from your location, EPA #CAD981445786
• Our service technician will provide a Detailed Service Report after each scheduled service. • Our service technician may recommend additional work that, in their professional opinion, is recommended to maintain the longevity and efficient operation of the equipment; however, we will not perform any other services than those detailed above unless requested. • We will perform services agreed to during our regular business hours (Monday through Friday, 7:00am to 3:30pm), unless otherwise agreed to by both parties.
• You agree to pay for services within fifteen days of the invoice date. A finance fee will be charged on all past due accounts at eighteen percent (18%) per annum.
• You understand you are responsible for the safe keeping of the equipment under conditions which protect the equipment from any and all damage including, but not limited to, damage caused by temperature fluctuation, the elements, and tampering. You are responsible for providing our service technician and other personnel access to the equipment during the agreed upon time set for scheduled services and for maintaining the equipment in a condition whereby the scheduled services can be performed. Duthie Power Services shall not be liable for any loss or damage caused by the failure of your company to perform routine maintenance, checks, testing of equipment, or performance of services suggested by a Duthie Power Services technician.
Optional Add-ons (check off any selections you'd like included in your service):
Optional Insurance Waiver of Subrogation: $250 or 5% of labor price, whichever is greater.
Optional Coolant (Test for PH) Analysis: $75 each sample Diesel Fuel Sample Lab Analysis during semi or annual: $245 each sample PARKING: You will provide a parking space for Duthie Power Services personnel within a reasonable distance from where work is to be performed during scheduled work times.
The rates quoted above do not cover additional services, parts, materials, fluids, hazardous waste disposal, and additional insurance requirements requested. These costs, when applicable, will be billed separately.
City Of Lake Elsinore
SPECIALIZING IN GENERATORS & DIESEL FIRE PUMPS
SALES • SERVICE • RENTALS • 24-HR SERVICE
2335 E. Cherry Industrial Circle
Long Beach, CA 90805
LA Office: 562-790-1772
www.duthiepower.com
OFFICES IN SAN DIEGO & LA
625 Superior St. #A
Escondido, CA 92029
San Diego Office: 888-837-5839
Signature: ________________________________________
Garrett Talbott , Sales Engineer
Print Name: ________________________________________
Date: ________________________________________
PO Number: ________________________________________
SPECIALIZING IN GENERATORS & DIESEL FIRE PUMPS
SALES • SERVICE • RENTALS • 24-HR SERVICE
2335 E. Cherry Industrial Circle
Long Beach, CA 90805
LA Office: 562-790-1772
www.duthiepower.com
OFFICES IN SAN DIEGO & LA
625 Superior St. #A
Escondido, CA 92029
San Diego Office: 888-837-5839
Services to be Performed/ Scope of Work
2026-06-12
Semi Annual Service (Quarterly or Semiannual)
1. Check fuel and oil levels. Check for leaks. Add oil as required for safe engine operation.
2. Inspect air cleaner elements. Clean as required. Inspect crankcase breathers and note any excessive blow-by.
3. Inspect turbocharger rotation and end play.
4. Inspect hoses for security, brittleness, cracking, leaks and weaknesses. Check all hose clamps and tighten as required.
5. Inspect fan and alternator belts for proper tension and condition. Adjust as required.
6. Inspect day tank, piping, motors and levels. Check for leaks. Service fuel/water separators.
7. Inspect batteries, cables and lugs for tightness. Clean battery and fill cells as required. Record battery cells specific gravities.
Check for correct electrolyte level. Record DC voltage power supply. Inspect battery charger.
8. Inspect engine control panel for loose connections. Tighten as required.
9. Inspect jacket water heater for correct operation.
10. Inspect water pump for leaks and/or unusual noises.
11. Inspect governor and engine controls. Inspect controls and linkage for proper operation. Add lube oil as necessary.
12. Test all engine safety shutdown pre-alarms and alarms if applicable
13. Inspect radiator for leaks and clogged fins. Check cooling system anti-freeze and Nalcool protection. Add water as required for safe engine operation.
14. Start engine and warm up. Record operation. Adjust RPM as required. Check for fluid leaks. Check all instruments for proper operation.
15. Inspect diesel particulate filter if applicable
16. Record DPF back pressure if applicable
Annual Service (includes steps listed under Semi Annual Service Plus)
1. Change oil and oil filters at 200 service meter hours or yearly.
2. Take oil sample for analysis.
3. Change fuel filters at 200 service meter hours or yearly.
4. Inspect junction box for loose connections. Tighten as required.
5. Inspect generator brushes for proper setting and clean slip rings. Lubricate generator bearings.
6. Inspect and clean generator exciter and regulator. Check for loose connections.
Additional Steps included for Gas Units during Annual Service
1. Clean and adjust spark plugs.
2. Clean and adjust ignition condensers and points. Check timing and set when necessary.
3. Inspect distributor cap rotor for cracks, corrosion, and wear.
4. Inspect ignition wires for cracks, insulation breakdown, and corrosion.
Additional Services Performed at Customer's Request at Additional Cost
1. Change anti-freeze, yearly.
2. Load bank test or test run under load with customer's connected load.
3. Test automatic transfer switch. Check automatic transfer switch for proper operation and clean as required.
4. Fuel scrubbing (cleaning).
5. Instruct owner's personnel on operating procedures and upkeep between regular service calls.
SPECIALIZING IN GENERATORS & DIESEL FIRE PUMPS
SALES • SERVICE • RENTALS • 24-HR SERVICE
2335 E. Cherry Industrial Circle
Long Beach, CA 90805
LA Office: 562-790-1772
www.duthiepower.com
OFFICES IN SAN DIEGO & LA
625 Superior St. #A
Escondido, CA 92029
San Diego Office: 888-837-5839
SPECIALIZING IN GENERATORS & DIESEL FIRE PUMPS
SALES • SERVICE • RENTALS • 24-HR SERVICE
2335 E. Cherry Industrial Circle
Long Beach, CA 90805
LA Office: 562-790-1772
www.duthiepower.com
OFFICES IN SAN DIEGO & LA
625 Superior St. #A
Escondido, CA 92029
San Diego Office: 888-837-5839
Special Offer: Auto Transfer Switch Maintenance
YOUR AUTO TRANSFER SWITCH NEEDS ATTENTION!
Your automatic transfer switch(es) (ATS) is the vital link between your utility power and your EPSS (emergency power supply system).
If it fails in a power outage, your generator will fail as well. You need to provide the same care to your ATS as you do to your generator.
We are currently extending a special offer to our current customers with your next scheduled PM.
We propose to service your auto transfer switches on an annual basis. We off three different levels of service for your ATS. ▪ Visual Inspection & ATS Transfer Test
▪ Minor Service
▪ Full Service (POWER WILL BE DISRUPTED)
SERVICES TO BE PERFORMED / SCOPE OF WORK
I. VISUAL INSPECTION & ATS TRANSFER TEST
▪ Complete visual inspection or wiring/connections for tracking, overheating and insulation deterioration. ▪ Visually inspect for physical damage, anchorage, and grounding. ▪ Verify NPA is operational (normal power available).
▪ Visually inspect control wiring.
▪ Verify EPA light is operational (emergency power available). ▪ Perform ATS Transfer Test to ensure communication between utility power & ATS. (IF ALLOWED BY FACILITY) ▪ If ATS Test is performed, then verify test light is lit (not present with all ATS) II. Minor Service (includes everything in Visual)
▪ Check and record normal and emergency source voltages ▪ Inspect Solid State Controls for cleanliness and serviceability.
III. Full Service (includes everything list in both Visual & Minor Service) ▪ Shut down power and deenergize the ATS (everything that is backed up by the ATS will be down, unless you have an isolation bypass ATS).
▪ Clean, lubricate and inspect transfer mechanism, check alignment, and manually operate in accordance with manufacturers' instructions.
▪ Check switch to ensure positive interlock between normal and alternate sources. ▪ Check bypass and isolation features, if applicable.
▪ Check tightness of all de-energized cable connections and bus and joints. ▪ All arc chutes and pole covers are removed and cleaned. Main current carrying contacts inspected for water. ▪ Control wiring is inspected, and all electrical connections checked for tightness. ▪ Perform contact resistance tests with switch in both source positions. ▪ Monitor and verify correct operation and timing for the following:
▪ Normal voltage sensing relays (if any)
▪ Engine start sequence
▪ Time delay upon transfer
▪ Alternate voltage sensing relay
▪ Automatic transfer operation
SPECIALIZING IN GENERATORS & DIESEL FIRE PUMPS
SALES • SERVICE • RENTALS • 24-HR SERVICE
2335 E. Cherry Industrial Circle
Long Beach, CA 90805
LA Office: 562-790-1772
www.duthiepower.com
OFFICES IN SAN DIEGO & LA
625 Superior St. #A
Escondido, CA 92029
San Diego Office: 888-837-5839
▪ Interlocks and limit switch function
▪ Timing delay and retransfer upon normal power restoration Yes, I would like the service selected below to be performed with one of my next generator services.
All work below is quoted for Normal Working Hours (7:30am-3:30pm) OT Prices available upon request.
Visual Inspection & ATS Transfer Test: $260 per transfer switch Minor ATS Service: $550 per transfer switch
Full ATS Service: $1170 per transfer switch
How many switches do you want serviced? __________________ Signature ____________________________________
Date ____________________________________
NOTE: FOR A FULL ATS SERVICE, POWER TO SWITCH NEEDS TO SHUT OFF APPROXIMATELY ONE TO TWO HOURS TO SERVICE, UNLESS AUTO TRANSFER SWITCHES ARE ISOLATION BYPASS TYPE. AFTER HOURS SERVICE MAY BE NECESSARY.
Isolation Bypass switches are additional and require 2 technicians per OSHA. (Ask for pricing)
2335 E. Cherry Industrial Circle 625 Superior St. #A
Long Beach, CA 90805 Escondido, CA 92029
The Generator Experts • 24 Hour Service • License #708125 Specializing in Generators & Diesel Fire Pumps
Contract Service Rates 2026 (Prevailing Wage)
Long Beach Office
Below please find our current service rates for service agreement customers only. Rates are for any service calls required exclusive of scheduled minor and major services.
ALL HOURLY LABOR RATES ARE CHARGED PORTAL TO PORTAL.
(Duthie Power yard to customer facility and back)
Straight Time: $260.00/hour, start time.
Based on regular work hours 7:00 a.m. to 3:30 p.m., Monday through Friday.
Overtime (Time and a Half): $390.00/hour, start time.
Monday through Friday before 7:00 a.m. and after 3:30 p.m. and anytime on Saturday up to 8 hours; or first four hours after technician has worked 8 hours, Monday - Friday.
Double Time: $520/hour, start time.
All hours worked on Sundays and holidays. All Saturday hours beyond 8 hours. All hours after a technician works beyond 12 consecutive hours in a day, Monday through Friday.
There is a (4) four-hour minimum call out on service calls.
Trip Charge $260.00 Per service truck local, $300.00 over 100 miles.
Service rates are subject to change without notice and are not a part of any agreement or contract.
Please note afternoon or evening service calls Monday through Friday may result in some or all hours in overtime as stated above. Saturday and Sunday are overtime as stated above.
Note: Rates are subject to change
Phone (562) 790-1772 www.duthiepower.com Fax (562) 408-3020
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Barbara Leibold, City Attorney
Date: September 8, 2026
Subject: Amendment No. 1 to the Special Legal Services Agreement with Fennemore, LLP
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Special Legal Services Agreement with Fennemore, LLP to provide Special Counsel legal services to the City in final form as approved by the City Attorney.
Background
The City entered into a Special Legal Services Agreement dated as of March 9, 2026 with the law firm of Fennemore, LLP to provide special counsel services to assist the City with the tribal consultation process in connection with its General Plan update (the “Original Agreement”).
Discussion
Staff is requesting the City Council approve Amendment No. 1 to the Special Legal Services Agreement to authorize Fennemore LLP to continue to provide special counsel services on an as needed and as requested by City basis in connection with the finalization of the General Plan and General Plan Environmental Impact Report (“General Plan documents) which may include the preparation of responses to comments and attendance at hearings.
In addition, special counsel services may be required in connection with the preparation and/or review of the implementing Tribal Cultural Resources and Tribal Consultation Guidelines (“Guidelines). Fennemore LLP has provided excellent services to the City and continuity is important to complete the actions necessary to finalize the General Plan Documents and Guidelines.
Fiscal Impact
Funds to pay for legal services in connection with the General Plan Documents and Guidelines will be paid from Community Development-Planning operating budget.
Fennemore Amendment No. 1
Attachments
Attachment 1 – Amendment No. 1
Attachment 2 – Original Agreement
66065040.1
FIRST AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT
SPECIAL COUNSEL LEGAL SERVICES
This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT – SPECIAL COUNSEL LEGAL SERVICES (the “Agreement”) dated September __, 2026 is entered into by and between the City of Lake Elsinore, a California municipal corporation (the “City”) and Fennemore LLP (the “Firm”).
RECITALS
A. By written agreement dated March 9, 2026 (the “Firm Agreement”), the City engaged the Firm to provide assistance with the City’s tribal consultation process in connection with its General Plan update (“Consultation”) with the Firm charging an hourly rate of Four Hundred and Sixty dollars ($460) (the “Rate”) and a total budget of Fifty Thousand Dollars ($50,000.00) (the “Consultation Budget”);
B. The Consultation process resulted in the preparation and public circulation of a Draft General Plan and Draft General Plan Environmental Impact Report (collectively the “General Plan Documents”);
C. The Firm exceeded the Consultation Budget by approximately One Thousand One Hundred and Thirty-Four dollars and Fifty-Eight cents ($1,134.58) (the “Additional Cost”); D. The City and the Firm wish to augment the Consultation Budget to account for the Additional Cost and any other costs for special counsel services required in connection with the finalization of the General Plan Documents and preparation and/or review of the implementing Tribal Cultural Resources and Tribal Consultation Guidelines (the “Guidelines”); and E. In accordance with the Firm Agreement, as of September 1, 2026, the City and the Firm agreed to adjust the Rate to Four Hundred and Seventy-Five dollars ($475) (the “Adjusted Rate”).
AGREEMENT
1. Continued Services. The Firm will continue to assist the City on an as requested and as needed basis with the Consultation and finalization of the General Plan Documents which may include the preparation of responses to comments and attendance at hearings as well as the preparation and/or review of the Guidelines.
2. Compensation. The City will compensate the Firm for services for Consultation and finalizing the General Plan Documents and preparation and/or review of the Guidelines at the Adjusted Rate.
66065040.1
3. Continuation of Firm Agreement. All other terms, conditions and requirements set forth in the Firm Agreement shall remain unmodified and applicable to both the City and Firm except as specifically stated herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY” “FIRM”
CITY OF LAKE ELSINORE, a municipal
corporation
Jason Simpson, City Manager
FENNEMORE, LLP.
Kelly Black
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
63643749. 2
Kelly Black
Director
kblack@fennemorelaw. com
600 B Street, Suite 1700
San Diego, California 92101
PH ( 619) 595- 3243 | FX ( 619) 231- 4372
fennemorelaw. com
March 9, 2026March 23, 2026
VIA EMAIL
[email protected]
City of Lake Elsinore
c/o Ms. Barbara Leibold, City Attorney
Attn: Jason Simpson, City Manager
Lake Elsinore City Hall
130 S. Main Street
Lake Elsinore, CA 92530
Re: Engagement of Legal Services
Client(s): City of Lake Elsinore, Special Counsel
Matter: General Plan Update, Tribal Consultation, Cultural Resources, Tribal Cultural Resources
Dear Mr. Simpson:
I am writing to confirm the terms under which Fennemore LLP (“Fennemore” or “the Firm”) will represent City of Lake Elsinore (the “ City,” “ Client” or “ you”) by providing special counsel services in connection with the City’s general plan update. We appreciate the opportunity to work with you.
Our representation is limited to the Client identified above and our engagement will consist of assisting with issues involving tribal consultation, cultural resources and tribal cultural resources. Our work is limited to these services, including any services rendered at your request on this matter prior to the date of this letter. If you subsequently ask us to provide legal services on additional matters, we will be happy to do so provided we agree in writing to perform that additional work (which may be in the form of a supplemental letter or email from the Firm confirming that we will provide those services subject to the terms of this letter).
My current hourly rate is $460. Concurrently with the start of the City’s next fiscal year, on July 1, 2026 my hourly rate will increase to $475. Other attorneys, if needed, will be billed at hourly rates which currently range from $330–$1,100, depending on levels of experience. Certain tasks may be assigned to paraprofessionals at hourly rates that currently range from $275–$390. Our rates may change periodically.
Billings for services will be based on the factors described in the enclosed Terms of Engagement.
Fennemore will submit monthly billings describing the services performed, the date services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures.
Services will be billed in increments of one-tenth (1/10th) of an hour. Fennemore will submit electronic invoices to [email protected] on a monthly basis. A copy of the monthly invoice will also be sent to City Attorney Barbara Leibold at [email protected].
Docusign Envelope ID: CEA5EE24- 09D9-4C52- 8733-6CAC68448443 City of Lake Elsinore
Jason Simpson, City Manager
March 9, 2026
63643749. 2
Fennemore specifically acknowledges and understands that City Council approval will berequired in the event total compensation, including fees and costs hereunder exceeds $50,000. In order to allow for preparation of amendment tothis Engagement Agreement andpresentation tothe City Council at a regularly scheduled meeting, Fennemore will immediately notify the City Attorney when the total amount billed reaches $35,000.I encourage you to contact me with any questions or comments you may have inthe future regarding our statements or services.
Please review this letter and the enclosed Terms of Engagement, which are incorporated herein, and if the terms and conditions of the engagement are satisfactory, please sign and return a copy of this letter to me.
Call if you have any questions. We look forward to working with you.
Sincerely,
FENNEMORE LLP
Kelly Black
I have reviewed this letter and the enclosed Terms of Engagement. I understand and agree to the terms and conditions in both.
CITY OF LAKE ELSINORE
By:
Jason Simpson, City Manager
Attest:
Candice Alvarez
Approved as to Form:
Barbara Leibold, City Attorney
Docusign Envelope ID: CEA5EE24- 09D9-4C52- 8733-6CAC68448443 City of Lake Elsinore
Jason Simpson, City Manager
March 9, 2026
63643749. 2
Docusign Envelope ID: CEA5EE24- 09D9-4C52- 8733-6CAC68448443 City of Lake Elsinore
Jason Simpson, City Manager
March 9, 2026
63643749. 2
TERMS OF ENGAGEMENT
TO OUR CLIENTS:
Fennemore’ s standard terms of engagement for providing legal services as described in the attached letter are summarized below. These terms (the “ Terms of Engagement”) are an integral part of our agreement to provide you with legal services. These Terms of Engagement, together with the engagement letter to which these Terms of Engagement are attached, may be referred to as the “Engagement Agreement.” Please contact us promptly after reading these terms if you have any questions.
1. Who is Our Client? Except as otherwise expressly agreed in writing, we represent only the person(s) or entity(ies) identified in our engagement letter (referred to herein as “ you” or Client”). Unless specifically stated in that letter, our representation of you does not extend to any of your affiliates, employees, officers, shareholders, or any entities in which you own an interest.
If you are a partnership or limited liability company, our representation does not extend to the individual partners or members of that entity. If you are a trade association, our representation does not extend to members of the trade association. If you are an individual, our representation does not include your spouse, siblings, other family members, or any entity in which you hold an ownership interest. In addition, the advice and communications which we render on your behalf are not intended to be disseminated to or relied upon by anyone else without our written consent.
If Client is an entity, we will look to the managers, partners or officers, as appropriate, of the entity for our instructions regarding the legal services to be performed, as well as for the resolution of any issues that may arise in the course of the services. California Rule of Professional Conduct Rule 1.13 (“ Rule 1.13”) addresses legal representation of an entity or organization and certain of its owners and employees. A copy of Rule 1.13 is available here for your reference:
https:// www.calbar. ca.gov/Portals/ 0/documents/ rules/Rule_1.13-Exec_Summary- Redline. pdf
2. Conflicts and Consent Relating to Future Adverse Representation in Unrelated Matters.
a) To assist in avoiding representing parties with conflicts of interests, we maintain a computerized conflict of interest index. The Firm will not represent any party with an interest that may be adverse to that of a person or entity included in the index without an examination to determine whether a conflict of interest would actually be created. To allow us to perform a conflict check, you represent that you have identified for us all persons or entities that are or may become involved in this matter, including all persons and entities that are affiliated with you and the other involved or potentially involved parties (such as parent corporations, subsidiaries and other affiliates, officers, directors and principals). Nonetheless, unless this Engagement Docusign Envelope ID: CEA5EE24- 09D9-4C52- 8733-6CAC68448443 City of Lake Elsinore
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Agreement states otherwise, the Firm’s only Client is the individual or entity identified as such in the engagement letter. You also agree that you will promptly notify us if you become aware of any other person or entities that are or may become involved in this matter. b) Our firm provides a wide array of legal services, including administrative, legislative, litigation, and transactional services, to many other companies and individuals. It is possible that one or more of our present or future clients will have disputes or transactions with you during the course of our representation of you or that one or more of them will ask us to advocate a change in law or policy that might have a direct or indirect adverse impact upon your interests. You agree that we may represent any existing or new clients in any matter that is unrelated to our representation of you, including matters that are directly adverse to you or in which a policy we advocate might have a direct or indirect adverse impact upon your interests.
We agree, however, that your prospective consent to conflicting representation set forth in the preceding sentence shall not apply in any instance where, as a result of our representation of you, we have obtained confidential information that, if known to our other client, could be used in the matter adverse to you and to your material disadvantage and we have not taken steps to screen such information from the lawyers representing the other client in the matter adverse to you prior to such lawyers learning any such information or where we are otherwise precluded from undertaking the representation under applicable ethical rules that govern lawyers. You hereby consent to the Firm taking any reasonable measures it deems appropriate to protect your confidential information from such disclosure or use, including the creation of a formal “ ethical screen” in accordance with the Firm’s internal procedures for implementing such measures. Your alternative to giving this consent to our future representation of other clients is to retain any other counsel of your choosing to represent you in this matter, and you acknowledge that the Firm would not agree to represent you with respect to the matter covered by this Engagement Agreement without your consent and agreement as described in this paragraph. c) In similar engagement letters with many of our other clients, we may ask for similar agreements to preserve our ability to represent you. You agree that we may disclose the fact of our representation of you, without disclosing the nature of such representation, to other current or future clients that may be adverse to you for the purpose of obtaining such other clients’ consent to any conflict of interest that may be presented by our representation of you and such other client. We will not disclose to the other client any confidential information pertaining to our representation of you.
d) If we have indicated in the engagement letter above that we currently represent one or more other parties in unrelated matters adverse to your interests or if in an unrelated matter we currently represent one or more other parties whose interests are adverse to yours in this matter, and you have decided you want us to represent you, knowing we represent Docusign Envelope ID: CEA5EE24- 09D9-4C52- 8733-6CAC68448443 City of Lake Elsinore
Jason Simpson, City Manager
March 9, 2026
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such other client(s) adverse to you in other matters, we have required you to sign the attached Conflicts of Interest/Consent and Waiver,” which is incorporated herein as though fully set forth. e) If we have actual knowledge or reasonably should know that in this matter 1) another party’s lawyer is a spouse, parent, child, sibling, living with, or has an intimate personal relationship with your lawyer, or (2) another party’ s lawyer is a client of your lawyer or any other Firm lawyer, then we have disclosed that relationship to you in writing in the above engagement letter as required by California Rule of Professional Conduct 1.7(c). Your lawyer believes you will receive competent and diligent representation in this matter. If you are aware that any relationship described above exists, please advise us. Otherwise, you agree that we may represent or be represented by lawyers or law firms representing clients whose interests are adverse to yours in unrelated matters.
3. Fees. We encourage you to discuss with us at any time any questions you might have concerning our billing procedures. We charge fees that are reasonable based on criteria for reasonableness set forth in the applicable Rules of Professional Conduct, which include the time, effort and skill required to perform the services properly, the novelty and complexity of the issues, time constraints imposed by the Client or by the nature of the matter, the degree of risk imposed on the lawyer, the amount involved and the results achieved. As a result, fees based on our hourly rates are subject to adjustment to reflect what we believe to be a reasonable charge for tasks performed on your behalf. Standard hourly rates may change periodically, and any changes will be reflected in our monthly billing statements.
4. Billing and Costs.
a) We ordinarily bill monthly. We request that you review any billing statements promptly upon receipt to determine if you have any questions or comments. Our billing statements are due and payable upon receipt. We ask and expect payment of our statements on a current basis, as delayed payment adds to our overall costs of providing services. Interest at the rate of 10 percent per annum will be assessed on all amounts not paid within 30 days of the date of the statement. In no event will the interest exceed the maximum rate allowable by law on delinquent payments. We bill for all costs advanced for items such as filing fees, expert witness fees and travel expenses. Bills will also include charges for other costs, such as long distance telephone charges, outgoing telecopier charges ($.75 per page for transmission plus long distance charges), document reproduction costs ($. 20 per page), computerized research services ( i.e., Westlaw or Lexis), eDiscovery and litigation management (including, without limitation, costs of third-party eDiscovery and litigation management platforms, software, data storage, service fees, and other charges), messenger charges, and under certain circumstances, secretarial overtime, including related overhead in appropriate instances. While our charges for these services are measured by use, they do not always reflect our actual out-of-pocket costs. Some expense charges Docusign Envelope ID: CEA5EE24- 09D9-4C52- 8733-6CAC68448443 City of Lake Elsinore
Jason Simpson, City Manager
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include an approximation of applicable overhead incurred by the Firm as itemized to the particular expense. For many of these items, the true cost of providing the service is difficult to establish, and in some instances, the amounts charged are estimates which may exceed the actual cost to the Firm. We would be pleased to discuss the specific schedule of charges with you and to answer any questions you may have. Any changes in these routine charges will be reflected in our monthly billing statements.
b) We make every effort to include disbursements in the statement for the month in which the disbursements are incurred. Some disbursements, however, are not available to us until sometime after the month in which the service related to the charge was performed, in which case either the charge will be billed in a subsequent month, a supplemental statement will be prepared, or an estimated amount will be included in the initial billing and an adjustment made when the actual disbursement information is available.
c) We may require and you agree to pay certain large disbursements, such as appraisal fees and expert witness fees, directly to the third party provider. d) We look to the Client for payment regardless of whether the Client is insured to cover any particular risk. From time to time, we may agree to assist clients in pursuing third parties for recovery of attorneys’ fees and other charges resulting from our services. These situations include payment of fees under contracts, statutes or insurance policies. It remains the Client’s obligation to pay all amounts due to us upon receiving our statement. e) It is the Firm’ s policy that, if an invoice remains unpaid for more than 90 days, then, absent extraordinary circumstances and subject to legal ethics constraints, we reserve the right to terminate representation, and you hereby authorize us to withdraw from all representation of you. Any unapplied deposits will be applied to outstanding balances. Generally, the Firm will not recommence its representation or accept new work from you until your account is brought current and a new deposit for fees and costs, in an amount that the Firm determines, is paid to us.
5. Funds Deposited with Fennemore.
a) Retainers. We frequently obtain an advance retainer from new clients, and from existing clients under certain circumstances, to secure the payment of our fees and recoverable expenses. The amount and terms of the retainer arrangement are determined after consultation with the billing attorney. It occasionally may be appropriate to require an additional retainer after the commencement of the engagement, depending on payment history or on the scope of the work. The retainer will be held in a general Firm trust account in California, with interest payable to the California IOLTA as required by California Rule of Professional Conduct 1.15(a).
Although we will typically hold the retainer in trust and apply it to our final invoice, we reserve Docusign Envelope ID: CEA5EE24- 09D9-4C52- 8733-6CAC68448443 City of Lake Elsinore
Jason Simpson, City Manager
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the right to apply the retainer to our fees and expenses as we earn or incur them from time to time over the course of the engagement, in which case we may ask you to replenish the advance retainer at the amount of the initial retainer or some other amount. Retainer disbursements will be detailed on our billing statements sent to you. You will be invoiced for replenishment of the amount withdrawn. Non-replenishment of the amount requested within 30 days plus amounts then due may be deemed a breach of this Engagement Agreement. Any portion of the retainer unused after full payment of all amounts due to us will be returned to you promptly upon completion of our services. Any amounts due to us in excess of the retainer will be billed to you. b) Other Funds. Occasionally, funds due to the Client will be deposited with Fennemore for the benefit of the Client. Absent other agreement with the Client, such funds will be deposited in a general Firm trust account as described in paragraph 5(a) above.
6. Estimates. Any estimates of anticipated fees that we provide, for budgeting purposes or otherwise, are, due to the uncertainties involved, necessarily only an approximation of potential fees. Such estimates are not a maximum or minimum fee quotation.
7. Opinions. During the course of our representation of you, we may express opinions or beliefs concerning the matter on which we are working or various courses of action and the results that might be anticipated. Any such statement is intended to be an expression of opinion only, and should not be construed by you as a promise or guarantee.
8. Client Responsibilities. Recognizing that we cannot effectively represent you without your cooperation and assistance, you agree to cooperate with us and to provide promptly all information known or available to you that is relevant to the subject matter of our representation or otherwise requested by us, including but not limited to full and timely access to any documents or information that we consider to be necessary or important and any changes in the name, address, telephone number, contact person, e-mail address, state of domicile or other relevant changes regarding you or your business. Failure to provide requested information could reduce the effectiveness of our representation and could lead to our withdrawal from our representation of you.
It is essential that we be able to reach you when needed. You agree to promptly notify us of any changes in your contact information.
If you affiliate with, acquire, or are acquired by or merge with another company or otherwise become aware of information that may evidence the existence of a conflict of interest that was not disclosed by you at the beginning of the engagement, you agree to provide us with sufficient advance notice to permit us to determine whether such affiliation, acquisition or merger creates a conflict of interest between any of our clients and the other party to such affiliation, acquisition or merger.
Docusign Envelope ID: CEA5EE24- 09D9-4C52- 8733-6CAC68448443 City of Lake Elsinore
Jason Simpson, City Manager
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9. Credit Checks. Depending on the nature of our representation of you, we may from time to time request information from credit reporting agencies for the purpose of verifying or considering your credit status. Your engagement of Fennemore will constitute your authorization to perform such credit checks.
10. Representation of Lawyers.
a) If you are not a Lawyer. We sometimes represent lawyers and law firms, and we are sometimes represented by other lawyers and law firms, in matters unrelated to our representation of you. Because we do not believe these representations will materially limit our responsibilities to you or will otherwise adversely affect our representation of you, we do not believe these representations present conflicts of interest, including where any such firm also represents a client whose interests are opposed to yours in either a litigation or transactional setting.
You consent to our representation of you despite this Firm’s representation of or by other lawyers or firms. See paragraph 2(e) above.
b) If you are a Lawyer. Our work on your behalf will be limited to the work described in the above engagement letter. Because we may represent clients in business and litigation matters where you or your firm represents a party with interests adverse to those of our other clients, the potential exists that actions taken by Fennemore on behalf of its clients could directly or indirectly impact you and your firm. Examples are claims of conflict of interest, requests for discovery sanctions, and objections to fee applications. Accordingly, our representation of you and your firm is with the understanding that you consent to any conflict of interest with respect to our representation of other clients with respect to such matters.
11. Renewals, Updates, and Other Filings. Unless otherwise specifically agreed upon in advance in writing, we do not undertake to complete or file any initial, annual, or other periodic report required by any governmental agency. Such reports include, without limitation, beneficial owner information reports required under federal law and annual information reports required under applicable state law. In addition we do not undertake to renew or maintain any water right or claim filings, well ownership filings, assured water supply approvals, mining claim filings, trademarks, trade names, patents, UCC financing statements, judgments or other filings unless (i) otherwise specifically agreed upon in writing, and (ii) we are currently representing you at the time such renewal is required. As a matter of courtesy only, we may from time to time voluntarily provide you with notices of future events or activity affecting your rights related to such filings or other documentation we have prepared, but any such notices shall not be regarded as evidence of an obligation to provide them to you or any assurance that such notices will be provided in the future.
12. Termination. Either of us may terminate the engagement at any time for any reason by written notice, subject on our part to applicable rules of professional conduct and our obligation Docusign Envelope ID: CEA5EE24- 09D9-4C52- 8733-6CAC68448443 City of Lake Elsinore
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to give you reasonable notice to arrange for alternate representation. The engagement shall also terminate on the completion of our services hereunder. If we have been engaged in multiple matters, our relationship will also be considered terminated if no matters are pending and there have been no communications between us for three months or more, unless otherwise agreed to in writing. You will remain obligated to pay for fees and costs incurred prior to termination.
13. Post-Engagement Matters. Unless our engagement is by its nature a continuing one as when we are initially engaged to handle one of a series of separate matters that will be referred to us in connection with an ongoing project) or unless the engagement letter specifically reflects that our engagement is intended to continue beyond the current matter, our engagement will cease upon completion of the matter for which you have engaged us. Upon conclusion of the tasks we have been asked to perform in connection with this engagement, we will have no duty to inform you of future developments or changes in the law affecting any of your interests including your interests in the matter subject to this engagement. To the extent that we voluntarily provide you with newsletters, documents or information concerning such matters following the conclusion of this engagement, such provision shall be considered a matter of courtesy only and shall not be considered the fulfillment or basis of any duty or the re-establishment of any attorney-client relationship.
14. Retention and Destruction of Documents. Following the conclusion of this engagement, any otherwise nonpublic information you have supplied to us which is retained by us will be kept confidential in accordance with applicable rules of professional conduct. At your request, your papers, property and documents will be returned to you promptly. Our own files pertaining to the matter, which include, for example, Firm administrative records, time and expense reports, personnel and staffing materials, credit and accounting records, and internal lawyers’ work reports, prepared by or for the internal use of lawyers, will be retained by the Firm.
We may retain copies of any file papers returned to you. If you do not request the return of your records, your file and records may be destroyed following the period of time specified by our document retention/destruction policy. This period may vary depending on the nature of the engagement involved. In any event, all files may be destroyed seven years following the conclusion of the engagement.
15. Fee Arbitration. In the unlikely event of any dispute regarding the amount or payment of fees, we have the right to terminate our legal representation in this matter, subject to our obligation to give you reasonable notice to arrange for alternate representation. If such a dispute arises that cannot be resolved, you may elect to use any State Bar mandatory dispute resolution procedures that may apply.
If mandatory dispute resolution procedures regarding our fees or costs have been waived or exhausted, you and the Firm agree to submit the dispute to binding arbitration. In the unlikely Docusign Envelope ID: CEA5EE24- 09D9-4C52- 8733-6CAC68448443 City of Lake Elsinore
Jason Simpson, City Manager
March 9, 2026
63643749. 2
event a dispute is submitted to binding arbitration, there is no right to a trial by jury, and the arbitration’ s legal and factual determinations are generally not subject to appellate review. Such disputes shall be decided by a single neutral arbitrator who shall be a retired judge mutually acceptable to Client and the Firm or appointed by ADR Services, Inc. (“ADR”). Any other dispute arising out of or related to this agreement or our professional services will also be finally decided by a single neutral arbitrator who is an attorney or retired judge, mutually acceptable to the Parties or appointed by ADR. The Arbitration Rules of ADR will apply to any dispute for which the arbitrator is appointed by ADR. Arbitration shall be in accordance with the laws of the State of California, and any arbitral proceedings hereunder shall take place in California. By signing this Engagement Agreement, you are giving up your right to a trial by jury of the dispute.
We recommend that you discuss the advisability of arbitration with independent counsel or any of your other advisors and to ask any questions which you may have prior to signing this Engagement Agreement.
16. Mediation. As to any claim or dispute arising out of or connected with our services, other than a fee dispute covered by the preceding paragraph, we mutually agree to attempt in good faith to settle the dispute by non-binding mediation before commencing any legal action or other dispute resolution procedure.
17. Affiliations. Fennemore is a member of one or more networks of independent law firms, such as The Toledo Group, a national network of independent law firms that seeks to share experiences and best practices in law firm administration, management, technology and service.
Although a member of one or more such organizations, Fennemore is completely independent and does not have common operations, share fees or collaborate on a pre-arranged basis with other member firms. If collaboration with other independent members of organizations is appropriate to serve your needs, Fennemore will discuss the specific engagement with you.
18. Confidentiality. We will maintain all information regarding your representation confidential in accordance with applicable law and Rules of Professional Conduct. From time to time we may have discussions with other lawyers for the purpose of considering their employment by Fennemore, or law firms for the purpose of considering a potential combination with such law firms. During the course of those discussions it may be necessary to disclose your identity as a client or fee and billing information relating to our representation of you. Such disclosure shall be subject to a confidentiality agreement between us and such other lawyers or law firms, and you agree that we may disclose such limited information for these purposes.
19. Representation of Spouses. Spouses can have differing, and sometimes sharply conflicting, interests and objectives regarding matters such as estate plans. If each spouse had their own separate attorney, each would have an “ advocate” for their position and each would receive totally independent and confidential advice from their own attorney. All information given Docusign Envelope ID: CEA5EE24- 09D9-4C52- 8733-6CAC68448443 City of Lake Elsinore
Jason Simpson, City Manager
March 9, 2026
63643749. 2
to the separate attorney would be confidential, and none of that information could be disclosed to the other spouse without consent. This is not the case when one firm advises both spouses jointly.
If we represent both spouses, we cannot be an advocate for one against the other. Except in the event the Firm withdraws from the representation, information that either spouse gives to us cannot and will not be kept by us from the other spouse. If you have asked us to advise you jointly, our effort will be to assist you jointly and encourage the resolution of any differences of opinion or conflicting interests in an equitable and logical manner. As to those matters on which your individual interests may differ, we will attempt to explain to both of you the interests of each of you, and the effect on each of you of a particular course of action. a) If at any time during our representation of you either spouse wishes to retain separate counsel, the one desiring separate counsel may terminate our representation and we will be free to continue to represent the other spouse. However, we will be unable to continue to represent either spouse, without the consent of the other, in this or any substantially related matter in which your interests may be adverse.
b) If we conclude that a serious or potentially serious conflict of interest between the spouses has developed, or is likely to develop, and that we should therefore not continue to represent either spouse, we will promptly notify both of you that we can no longer continue to represent either of you. In that event we will not be obligated to disclose to either spouse the precise reason or reasons why we have concluded that we should discontinue the representation.
20. Representation of Employees and Employers. If we are representing both an employer and employee as joint clients, we have formed a judgment that employee’ s and employer’s interests are sufficiently aligned that no conflict of interest is presented by the joint representation. If we have required the employer and employee to sign the attached “ Conflicts of Interest/Consent and Waiver,” we have determined any existing conflict can be waived and you have consented to waive the conflict.
a) If employer has agreed to pay our fees and expenses for both employer and employee, employee consents to such payment by employer. We urge employee, however, to consult with another attorney of her or his choice about our representing both employee and employer. Either party has the right to discharge us at any time, for any reason. b) If we learn something from either employee or employer that is relevant and material to the other concerning this matter, each agrees that we will share such information with the other, even if it is something employee or employer would otherwise want to be kept secret. c) If at some point we believe a conflict exists or is likely to develop between employee and employer, employee agrees that we may withdraw from representing employee and Docusign Envelope ID: CEA5EE24- 09D9-4C52- 8733-6CAC68448443 City of Lake Elsinore
Jason Simpson, City Manager
March 9, 2026
63643749. 2
continue representing employer. Moreover, employee agrees that we will be permitted to use information gained from employee to defend employer, even if the information is something employee would want to be kept secret. Employee also agrees that we will be permitted to use this information if employee discharges us.
21. Representation of Insureds. If our representation of you arises out of a matter for which you have insurance, and your insurance company has agreed in writing with the Firm to pay our fees and costs, you consent to our representation of you in such matter notwithstanding the payment of some or all of our fees and costs by an insurance company. If we have agreed in writing to payment by an insurance company:
a) We have accordingly formed a judgment that such payment will not interfere with our independent professional judgment or our relationship with you, our client; b) Your insurance company must agree that it is not the Firm’s client and that the Firm may represent clients with interests adverse to it in unrelated matters, including litigation; and
c) Your insurance company consents to our right to confidentially advise you of the existence of any possible coverage dispute and of your right to consult with separate counsel with respect to that dispute.
d) As provided below, information relating to your representation will be kept confidential unless you consent to its disclosure. Notwithstanding the foregoing, if this matter is covered by insurance in whole or in part, you agree that we may:
i) share with your insurance company this Engagement Agreement and the Terms and Conditions of our engagement by you, or by your insurance company on your behalf; and
ii) share certain information regarding this matter with, and provide periodic reports to, your insurance company, and comply with guidelines issued by your insurance company to counsel retained on behalf of insureds that are not inconsistent with this Engagement Agreement or the Rules of Professional Conduct.
iii) Our duties run primarily to you, the insured. As indicated in paragraph 3 above, we shall advise you of the existence of a possible coverage dispute and that you may want to consult with separate counsel with respect to that dispute. If a coverage dispute should develop, we will not represent you or your insurance company in such dispute.
Docusign Envelope ID: CEA5EE24- 09D9-4C52- 8733-6CAC68448443 City of Lake Elsinore
Jason Simpson, City Manager
March 9, 2026
63643749. 2
22. Artificial Intelligence. We anticipate that during the course of this engagement, the firm will use generative artificial intelligence (“GenAI”) to enhance and streamline certain aspects of our services. Like any technology, GenAI carries some degree of risk, which may include risk of errors in GenAI-generated content, data security vulnerabilities and system malfunctions. We have implemented reasonable measures to safeguard against these risks and our lawyers maintain oversight of GenAI-generated outputs. Accordingly, we believe and you agree that the benefits of using this technology outweigh the related risks, and you consent to use of this technology.
23. Storage and Use of Electronic Data. You are aware of and consent to the retention, maintenance, and storage of your information and records relating to this matter in the following forms and locations: paper (in office and/or storage files); electronic ( e.g., computer, handheld devices for email, fax, and via the Internet using cloud storage); or other like media. Unfortunately, email, cellular phones, text messaging, cloud-based storage, and other forms of electronic communication and data storage (collectively, “Electronic Communication”) are not completely secure. If there are certain documents or information with respect to which you desire to maintain absolute confidentiality, you must instruct the Firm in writing not to transmit or store such documents or information using standard modes of Electronic Communication so that the Firm can take appropriate actions to comply with your request. In the absence of such instructions, you acknowledge that the Firm will use Electronic Communication in its efforts to provide efficient and effective representation, and you authorize the Firm to use Electronic Communication in connection with the Firm’ s representation of Client.
24. Governing Law/Venue. Any claim or dispute arising out of or connected with our services shall be governed by the laws of the State of California. Any lawsuit relating in any way to our services shall be instituted only in the state or federal courts of the State of California. You consent to and agrees to the jurisdiction of such state and federal courts located in the State of California.
25. GDPR. You will provide us with notice if you are a resident of any member of the European Union (“ EU”) or if, during the course of our representation, we will be provided with any Personal Data, as defined by the EU’ s General Data Protection Regulation (“ GDPR”), of any resident of a member of the EU. If you are a resident of a member of the EU, you hereby consent to the Firm’s Processing, as defined by the GDPR, your Personal Data to the extent necessary to provide services to you and in accordance with these Terms of Engagement.
We are pleased to represent you and we look forward to a mutually satisfying relationship.
Again, if at any time you have a question or concern, please feel free to bring it to the attention of the attorney or attorneys responsible for your representation at Fennemore. 63046769. 1/099509. 0001
Docusign Envelope ID: CEA5EE24- 09D9-4C52- 8733-6CAC68448443 Certificate Of Completion
Envelope Id: CEA5EE24-09D9-4C52-8733-6CAC68448443 Status: Completed Subject: Please Docusign: Fennemore Engagement Letter
Source Envelope:
Document Pages: 14 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 0 Candice Alvarez
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
130 S. Main Street
Lake Elsinore, CA 92530
[email protected]
IP Address: 47.180.22.242
Record Tracking
Status: Original
3/23/2026 12:22:19 PM
Holder: Candice Alvarez
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Barbara Leibold
[email protected]
City Attorney
Security Level: Email, Account Authentication
None) Signature Adoption: Pre-selected Style
Using IP Address: 184.183.85.151
Sent: 3/23/2026 12:25:29 PM
Viewed: 3/25/2026 12:40:35 PM
Signed: 3/25/2026 12:40:56 PM
Electronic Record and Signature Disclosure:
Accepted: 3/25/2026 12:40:35 PM
ID: 92c94535-a8bc-411a-96cf-584678636eb3
Jason Simpson
[email protected]
City Manager
city of Lake Elsinore
Security Level: Email, Account Authentication
None)
Signature Adoption: Pre-selected Style
Using IP Address:
2607:fb91:1b34:4fec:715f:201a:eb4f:3922
Signed using mobile
Sent: 3/25/2026 12:40:57 PM
Viewed: 3/25/2026 1:07:18 PM
Signed: 3/25/2026 1:07:33 PM
Electronic Record and Signature Disclosure:
Accepted: 3/25/2026 1:07:18 PM
ID: 5411c969-ae4b-411e-969c-b945963fc4b1
Candice Alvarez
[email protected]
City Clerk
City of Lake Elsiniore
Security Level: Email, Account Authentication
None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 47.180.22.242
Sent: 3/ 25/ 2026 1:07: 35 PM
Viewed: 3/25/2026 2:37:53 PM
Signed: 3/25/2026 2:39:09 PM
Electronic Record and Signature Disclosure:
Accepted: 10/24/2019 11:01:03 AM
ID: 0018f862-4e7a-4c04-91a9-67d7112db44f
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Luz Reyes
[email protected]
Deputy City Clerk
City of Lake Elsinore
Security Level: Email, Account Authentication
None)
Sent: 3/25/2026 2:39:11 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Dunelle Longoria
[email protected]
Administrative Assistant
City of Lake Elsinore
Security Level: Email, Account Authentication
None)
Sent: 3/25/2026 2:39:11 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Kelly Black
[email protected]
Security Level: Email, Account Authentication
None)
Sent: 3/25/2026 2:39:12 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/23/2026 12:25:29 PM
Certified Delivered Security Checked 3/25/2026 2:37:53 PM Signing Complete Security Checked 3/25/2026 2:39:09 PM
Completed Security Checked 3/25/2026 2:39:12 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
CONSUMER DISCLOSURE
From time to time, Carahsoft OBO City of Lake Elsinore (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ‘I agree’ button at the bottom of this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a
0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
Electronic Record and Signature Disclosure created on: 2/5/2018 9:41:59 AM Parties agreed to: Barbara Leibold, Jason Simpson, Candice Alvarez How to contact Carahsoft OBO City of Lake Elsinore:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
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REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Beau Davis, Acting Recreation Director
Date: September 8, 2026
Subject: Road Closures for Civic Center Grand Opening.
Recommendation
Approve temporary road closures for the Civic Center Grand Opening on October 1, 2026, as identified in the attached traffic plans, and allow for changes as necessary and approved by the City Engineer.
Background
On Thursday, October 1, 2026, the City of Lake Elsinore will celebrate the Grand Opening of its new Civic Center at 130 S. Main Street with a public ribbon cutting and community celebration.
The ribbon cutting ceremony is scheduled for 4:00 p.m., with free parking and shuttle service provided from 184 S. Main Street to the Civic Center.
The Civic Center represents a long-term investment in the community's future, consolidating City services under one roof to create a "one stop shop" that delivers a more efficient, customerfocused experience for residents, businesses, developers, and investors. The facility is designed to improve collaboration among City departments by streamlining development review, permitting, business assistance, and public services; reducing processing times, increasing responsiveness, and creating a more seamless experience for those looking to live, work, invest, and do business in Lake Elsinore. As one of Southern California's fastest-growing communities, the facility also provides the capacity and infrastructure necessary to serve the City's future population buildout while maintaining exceptional customer service and operational excellence.
The Civic Center's location within Historic Downtown reinforces the City's commitment to revitalizing Main Street and strengthening the heart of the community. Increased daily activity from City employees, residents, visitors, and business partners is expected to provide meaningful support to downtown restaurants, retailers, and local businesses while creating new opportunities for private investment. The project serves as a catalyst project within the City's Dream Extreme (Subject Matter 1- 4 words only. Do Not add date or page numbering)
2040 Vision, helping activate Downtown Main Street as a vibrant civic, commercial, and cultural destination and advancing the City's long-term strategy to create a walkable, thriving downtown.
Given the anticipated attendance of City officials, community leaders, local businesses, and residents, and the pedestrian-oriented nature of the celebration, staff has determined that temporary street closures are necessary to safely accommodate the grand opening.
Discussion
To provide a safe, contiguous event footprint and to separate event attendees from vehicular traffic, staff recommends the following temporary closures on Thursday, October 1, 2026, from 3:00 p.m. to 6:00 p.m.:
Graham Avenue — from the alley east of Main Street to the alley west of Main Street.
Main Street — from Sulphur Street to Peck Street.
The proposed closure window provides approximately one hour for final staging, sound checks, seating, and safety inspections prior to the 4:00 p.m. ribbon cutting, accommodates the ceremony and subsequent facility tours and community celebration, and allows sufficient time for orderly dispersal, breakdown, and reopening of the roadway to normal traffic operations by 6:00 p.m.
Public Works will implement the traffic control plan in accordance with the engineering plan provided. On-street parking within the closure limits will be temporarily posted as "No Parking — Tow Away" a minimum of 72 hours in advance in accordance with Vehicle Code requirements.
Access to private driveways, alleys, and loading areas within the closure limits will be preserved to the maximum extent feasible, and staff will coordinate directly with affected property owners on an as needed basis.
Fiscal Impact
Costs for staffing the road closures are budgeted in FY 2026/2027.
Attachments
Attachment 1 – Downtown Main Street Event Closure Plan 2026
CITY OF LAKE ELSINORE APPROVAL CITY OF LAKE ELSINORE
PORTABLE CHANGEABLE MESSAGE
BOARD TO BE PLACED DURING EVENT
PORTABLE CHANGEABLE MESSAGE BOARD TO BE
PLACED 1 WEEK PRIOR TO EVENT
SIGN SPACING:
25 MPH - 100'
30-40 MPH - 250'
45+ MPH - 350'
N WEBB
W
E
S
REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Candice Alvarez, MMC, Secretary
Date: September 8, 2026
Subject: Minutes of the Regular and Special Successor Agency Meetings of August 25, 2026
Recommendation
Approve the Minutes.
Attachments
Attachment 1 – Regular Meeting Draft Minutes
Attachment 2 – Special Meeting Draft Minutes
City of Lake Elsinore Meeting Date:
City Council Meeting August 25, 2026
Minutes - Draft
Meeting Time:
Closed Session: NONE
Mayor Magee Open Session: 7:00 P.M.
Mayor Pro Tem Sheridan
Council Member Tisdale Cultural Center
Council Member Manos 183 N. Main Street
Council Member Carroll Lake Elsinore, CA 92530
1. CALL TO ORDER - 7:00 P.M.
The Regular Meetings of the City Council and the Successor Agency were called to order at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Magee led the Pledge of Allegiance.
3. ROLL CALL
Present: 5 - Council/Agency Members Tisdale, Manos, and Carroll; Mayor Pro Tem/Vice Chair Sheridan; and Mayor/Chair Magee
Absent: 0 - None
4. PRESENTATIONS/CEREMONIALS
4.1 Business in Action Monthly Spotlight for August 2026 – Lewis Cleaners Recognize Lewis Cleaners as the City of Lake Elsinore’s Business in Action Monthly Spotlight for August 2026.
Mayor Magee presented the Certificate of Recognition to Brian Cole.
4.2 2026 Summer Aquatics Update
Recreation Aide Harding presented the update.
4.3 CalFire 2026 Second Quarter Statistical Update
Chief Reed presented the update.
City Council Minutes - Draft August 25, 2026
City of Lake Elsinore Page 2
5. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Mikhail Petin, Georgette Winchell, and Ace Vallejos were called to speak.
6. CITY COUNCIL CONSENT CALENDAR
Moved by Council Member Tisdale, seconded by Council Member Carroll to approve the City Council Consent Calendar with Mayor Pro Tem Sheridan abstaining from voting on Agenda Item No. 6.11. The motion carried by the following vote:
Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)
6.1 Minutes of the Special City Council Meeting of August 7, 2026 and Regular City Council Meeting of August 11, 2026
Approve the Minutes.
This item was approved on the City Council Consent Calendar.
6.2 CC Warrant Report Dated July 13, 2026 to July 19, 2026 Receive and file.
This item was approved on the City Council Consent Calendar.
6.3 CC Warrant Report Dated July 20, 2026 to July 26, 2026 Receive and file.
This item was approved on the City Council Consent Calendar.
6.4 CC Investment Report for July 2026
Receive and file the Investment Report for July 2026.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft August 25, 2026
City of Lake Elsinore Page 3
6.5 Acquisition of Environmental Mitigation Property
Approve the Purchase and Sale Agreement With B-Max Mitigation Property, LLC; Lake Elsinore Mitigation Site LLC; John J. Johnson Revocable Living Trust Dated August 9, 2017; and Hushmand Taghdiri Trust Dated February 20, 1998, For the Acquisition of Approximately 44.69 Acres of Real Property (APNs 371-090-022, - 003, -004; 371-150-010; and 371-160-007) located on the Lake Elsinore Shoreline for Environmental Mitigation Purposes for a Purchase Price of $12,265,000 plus ancillary closing costs and authorize the City Manager to execute the Agreement and such other ancillary documents as may be necessary to complete the purchase.
This item was approved on the City Council Consent Calendar.
6.6 On-Call Agreement with Nathan Ashbrook for Repairs, Maintenance, Servicing, and Related Work Associated with the Vintage Trailers at Launch Pointe Recreation Destination & RV Park
Approve and authorize the City Manager to execute a On-Call Agreement with Nathan Ashbrook for repairs, maintenance, servicing, and related work associated with the vintage trailers at Launch Pointe Recreation Destination & RV Park for an annual amount not to exceed $50,000 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $5,000 for uncertainties and adjustments.
This item was approved on the City Council Consent Calendar.
6.7 Amendment No. 3 with Blais & Associates, LLC for Grant Writing Services Approve and authorize the City Manager to execute Amendment No. 3 to the Agreement for Professional Services with Blais & Associates, LLC to provide grant writing and administration services in an amount not to exceed $80,000 per fiscal year in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
6.8 Contractor Services Agreement with Jade Window Coverings, LLC for the Design, Purchase, and Installation of the Interior Office Window Coverings in the New City Hall Project (CIP Project No. Z20006)
Approve and authorize the City Manager to execute a Contractor Services Agreement with Jade Window Coverings, LLC for the design, purchase, and installation of the interior office window coverings in the New City Hall Project in an amount not to exceed $63,411.00 in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed a 10% contingency of $6,341.00 for uncertainties and adjustments, and authorize the City Clerk to record the Notice of Completion once the work is complete.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft August 25, 2026
City of Lake Elsinore Page 4
6.9 Approval of Final Tract Maps 35337-3, 35337-4, and 35337, Spyglass Approve Final Tract Maps No. 35337-3, 35337-4, and 35337 subject to the City Engineer‘s acceptance as being true and correct, authorize the City Clerk to sign the maps and arrange for their recordation, and approve and authorize the City Manager to execute the construction agreements.
This item was approved on the City Council Consent Calendar.
6.10 Amendment No. 3 to the Professional Services Agreement with Chen Ryan Associates for the Murrieta Creek Multi-Use Trail Project Approve and authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with Chen Ryan Associates for geotechnical testing and construction support services for the Murrieta Creek Multi-Use Trail Project in the amount of $60,200 for a total contract amount not to exceed $772,208.83 in such final form as approved by City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $6,020 for unanticipated costs.
This item was approved on the City Council Consent Calendar.
6.11 Purchase of One (1) Crew Cab Truck
Approve and authorize the City Manager to execute a Purchase Order with Moss Brothers for the purchase of one (1) crew cab truck in an amount not to exceed $64,622.44 in such final form as approved by the City Attorney, and authorize the City Manager to execute change orders not to exceed a 10% contingency of $6,462 for unanticipated costs.
This item was approved on the City Council Consent Calendar with Mayor Pro Tem Sheridan abstaining from voting on this item.
7. SUCCESSOR AGENCY CONSENT CALENDAR
Moved by Agency Member Tisdale, seconded by Agency Member Carroll to approve the Successor Agency Consent Calendar. The motion carried by the following vote:
Yes (5): Agency Members Tisdale, Manos, and Carroll; Vice Chair Sheridan; and Chair Magee
Absent (0): None
Carried (5 to 0)
7.1 Minutes of the Regular Successor Agency Meeting of August 11, 2026 Approve the Minutes.
This item was approved on the Successor Agency Consent Calendar.
City Council Minutes - Draft August 25, 2026
City of Lake Elsinore Page 5
7.2 SA Warrant Report Dated July 13, 2026 to July 19, 2026 Receive and file.
This item was approved on the Successor Agency Consent Calendar.
7.3 SA Warrant Report Dated July 20, 2026 to July 26, 2026 Receive and file.
This item was approved on the Successor Agency Consent Calendar.
7.4 SA Investment Report for July 2026
Receive and file the Investment Report for July 2026.
This item was approved on the Successor Agency Consent Calendar.
8. PUBLIC HEARING
8.1 Extension of Time Request for Tentative Parcel Map No. 38124 (North Elsinore Business Park Project) located between Collier Avenue and El Toro Road
1. Find that, pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15162, the extension of time request would not have a significant effect on the environment, and no new environmental documentation is necessary because all potentially significant effects have been adequately analyzed in a previously adopted Mitigated Negative Declaration (SCH No. 2022030368); and
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING A FOUR-YEAR EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 38124 TO JUNE 14, 2030.
The Public Hearing was opened at 7:31 p.m.
Planning Manager Huynh presented the staff report.
City Clerk Alvarez noted that no written requests were received.
There were no speakers.
The Public Hearing was closed at 7:36 p.m.
City Council Minutes - Draft August 25, 2026
City of Lake Elsinore Page 6
Moved by Council Member Carroll, seconded by Council Member Manos to approve staff’s recommendations. The motion carried by the following vote:
Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)
9. BUSINESS ITEM
9.1 Urgency Ordinance Establishing a 45-day Moratorium on Data Center Development Pursuant to Government Code Section 65858
Adopt AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING A 45-DAY MORATORIUM ON
THE ACCEPTANCE AND PROCESSING OF NEW ENTITLEMENT
APPLICATIONS RELATED TO DATA CENTERS.
City Attorney Leibold presented the staff report.
Jeanie Corral, Araceli Preciado, Robert Murray, Mikhail Petin, Cheymene Bunke, and Ace Vallejos were called to speak in person, and Barbara Myles and Kacey Donner were called to speak on Zoom.
Moved by Council Member Manos, seconded by Council Member Tisdale to adopt the Urgency Ordinance. The motion carried by the following vote:
Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)
10. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
Renee Griffiths, Orquidea Wilcox, and Briana Wilcox were called to speak.
11. CITY MANAGER COMMENTS
City Manager Simpson had no comments.
12. CITY ATTORNEY COMMENTS
City Attorney Leibold had no comments.
City Council Minutes - Draft August 25, 2026
City of Lake Elsinore Page 7
13. CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Carroll invited the community to participate in the City's Trunk-or-Treat event from 5:00 to 8:00 p.m. on October 10, 2026 in Downtown and the Food Truck Festival from 5:00 to 9:30 p.m. on Thursday, September 3, 2026 at Launch Pointe; and shared his attendance at the ribbon-cutting ceremony for the new pool at the Lake Elsinore Casino.
Council Member Tisdale spoke on his attendance at the Northwest Mosquito and Vector Control District meeting on August 20, 2026 and shared mosquito and vector control tips; spoke on his attendance at the Western Riverside Council of Governments meeting on August 3, 2026; and thanked Richard and Von Piceno for hosting a luncheon for the City's first responders, public works, and staff.
Council Member Manos encouraged high school juniors and seniors to apply to participate in the Dream Extreme Future Leaders Program; and announced that this year's MariachiFest will be held on September 19, 2026 at Diamond Stadium.
Mayor Pro Tem Sheridan recognized Lewis Cleaners; shared his participation in Riverside Transit Agency's Touch-a-Truck event on August 23, 2026 at Diamond Stadium; and congratulated Marie Emma Wharton and Monica Figueroa, who are recipients of Supervisor Karen Spiegel's Senior Legacy Awards.
Mayor Magee reported on three mega-warehouse fires throughout California; spoke on a new car wash violating the City's noise ordinance; and spoke on the caring nature of the City's residents.
14. ADJOURNMENT
The Lake Elsinore City Council adjourned at 8:35 p.m. to the next Regular meeting of Tuesday, September 8, 2026 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.
Candice Alvarez, MMC
City Clerk
City of Lake Elsinore Meeting Date:
Successor Agency Special Meeting August 25, 2026
Minutes - Draft
Meeting Time:
Closed Session: 8:00 P.M.
Chair Magee
Vice Chair Sheridan
Agency Member Tisdale Cultural Center
Agency Member Manos 183 N. Main Street
Agency Member Carroll Lake Elsinore, CA 92530
1. CALL TO ORDER
The Special Meeting of the Successor Agency was called to order at 8:37 p.m.
2. PLEDGE OF ALLEGIANCE
The Pledge was recited during open session preceding this Special Meeting.
3. ROLL CALL
Present: 5 - Agency Members Tisdale, Manos, and Carroll; Vice Chair Sheridan; and Chair Magee
Absent: 0 - None
4. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
There were no speakers.
5. CLOSED SESSION
5.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APNs 373-210-040 and 373-210-042
Agency negotiators: Executive Director Simpson, Assistant Executive Director Buckley, and Agency Counsel Leibold
Negotiating parties: Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and Lake Elsinore Storm LP and Golden State Concessions and Catering, Inc. Under negotiation: Price and terms of payment
6. RECESS
The Successor Agency recessed into Closed Session at 8:38 p.m.
Successor Agency Minutes - Draft August 25, 2026
City of Lake Elsinore Page 2
Mayor Pro Tem Sheridan left the meeting at 8:38 p.m., did not participate in the discussion of the closed session item, and returned when the Successor Agency reconvened at 9:37 p.m.
7. RECONVENE
The Special Meeting of the Successor Agency reconvened at 9:37 p.m.
8. CLOSED SESSION REPORT
City Attorney Leibold reported that one item was discussed; however, no reportable action was taken.
9. ADJOURNMENT
The Lake Elsinore Successor Agency adjourned at 9:38 p.m. to the next Regular meeting of Tuesday, September 8, 2026 in the Cultural Center located at 183 N. Main Street.
Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.
Candice Alvarez, MMC
City Clerk
REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Shannon Buckley, Assistant Executive Director Date: September 8, 2026
Subject: SA Warrant Report Dated July 27, 2026 to August 2, 2026 Recommendation
Receive and file.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above-mentioned period.
Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
JUL 27, 2026
TO AUG 2, 2026
CITY OF LAKE ELSINORE SA WARRANT SUMMARY
FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 7,812.50 $
540 SARDA DIAMOND STADIUM 189.13
GRAND TOTAL 8,001.63 $
Attachment 1 1 OF 1
JUL 27, 2026
TO AUG 2, 2026
CITY OF LAKE ELSINORE SA WARRANT LIST
WARRANT NO. VENDOR NAME AMOUNT
APA27000193 HDL COREN & CONE 5,812.50 $
APA27000209 SOUTHERN CALIFORNIA EDISON CO. 189.13
12200 WILMINGTON TRUST, NATIONAL ASSOCIATION 2,000.00
GRAND TOTAL 8,001.63 $
Attachment 2 1 OF 1
REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Shannon Buckley, Assistant Executive Director Date: September 8, 2026
Subject: SA Warrant Report Dated August 3, 2026 to August 9, 2026 Recommendation
Receive and file.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above-mentioned period Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
AUG 3, 2026
TO AUG 9, 2026
CITY OF LAKE ELSINORE SA WARRANT SUMMARY
FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 101,626.25 $
GRAND TOTAL 101,626.25 $
Attachment 1 1 OF 1
AUG 3, 2026
TO AUG 9, 2026
CITY OF LAKE ELSINORE SA WARRANT LIST
WARRANT NO. VENDOR NAME AMOUNT
APA27000244 LAKE ELSINORE STORM, LP 101,626.25 $
GRAND TOTAL 101,626.25 $
Attachment 2 1 OF 1
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Damaris Abraham, Community Development Director Date: September 8, 2026
Subject: Update on Notice of Violation for Code Enforcement Case No. 26-447 for Super Star Car Wash Located at 29150 Central Avenue
Recommendation
Receive a staff report, take public comments, and provide staff with further direction on the matter.
Background
On April 25, 2023, the City Council approved a new commercial development known as Evergreen Commercial (PA-2021-34) located on an 8.86-acre site along Central Avenue/State Route 74 east of the intersection with Cambern Avenue. The approval was for an approximately 57,000 square-foot commercial center consisting of an anchor grocery store, several quick-serve restaurants, a gas station with convenience store, and a drive-through car wash. In conjunction with the project’s entitlement approvals, the City Council also adopted a Mitigated Negative Declaration (State Clearinghouse No. 2022090133).
Since then, the commercial development has been under construction with several of the project components fully operational including the gas station with convenience store (7 Eleven), one quick-serve restaurant (Pollo Campero), one quick-serve coffee shop (Dutch Bros Coffee), and the drive-through car wash (Super Star).
Super Star Car Wash Noise Complaint
In late June 2026, a resident residing in the directly adjacent residential neighborhood along Allan Street expressed to staff his and his neighbors’ concern with the operational noise generated from the new Super Star Car Wash.
The resident provided staff with a petition from the neighborhood regarding the “...excessive noise generated by the Super Star...” which the residents expressed as “constant and disruptive noise from the car wash blower and drying systems.” Refer to Attachment 2 for a copy of the petition.
Super Star Noise NOV
Discussion
Upon receiving the residents’ noise complaint as well as petition, Planning Division staff reviewed the project’s original approval including the Conditions of Approval (Attachment 3) as well as conducted a site visit with Code Enforcement to investigate further.
At the site visit on June 30, 2026, Code Enforcement took noise measurements near the end of the car wash tunnel as well as from the residences on Allan Street. The noise level at the end of the car wash tunnel was well over 85 decibels (dBA) and was around 65 dBA along Allan Street.
Both noise levels exceeded the maximum allowed per the City’s Noise Ordinance contained in Lake Elsinore Municipal Code Section 17.176. The maximum noise level allowed on a boundary between two different zones is 56 dBA and within a Single-Family Residential land use is 50 dBA.
As such, a Notice of Violation (NOV) was issued by Code Enforcement on that day (Attachment 1). The resident was informed by staff that a NOV was issued to Super Star.
On July 2, 2026, a law firm (Brownstein Hyatt Farber Schreck, LLP) representing Super Star Car Wash contacted staff regarding the NOV to discuss the issue as well as work with staff to find solutions. Planning Division staff met virtually with Super Star’s attorney, Super Star’s Chief Development Officer, representatives from Evergreen Commercial, and Super Star’s noise consultants from MD Acoustics. Super Star shared their plan of action to find appropriate solutions to resolve the matter which included additional noise measurements by MD Acoustics, adjusting and/or relocating the blowers, installing sound dampening measurements, replacing the blowers with an entirely different system that produces less noise, or other recommendations based on MD Acoustics’ analysis and findings.
Since then, MD Acoustics has conducted at least three separate field surveys on July 14, July 22, and July 27 as well as engaged directly with the resident who originally brought the noise complaint to staff’s attention including taking noise measurements from his backyard. Figure 1 below is an exhibit which shows some of the noise measurement locations taken by MD Acoustics. Staff anticipate receiving a final report from MD Acoustics with their findings and recommendations based on their field surveys. Super Star and Planning Division staff have continually met to discuss progress and next steps to resolve the NOV promptly. Staff have also continued to keep the resident informed with updates.
Super Star Noise NOV
Figure 1. Noise Measurement Locations
Note from MD Acoustics: Before/After – Measurements are taken before and after flipping blowers and reducing exit height. Blowers on constantly to filter for construction and roadway noise. Code is 50 dBA at yellow pins and 56 dBA at red pins.
Actions taken by Super Star to address the car wash’s NOV has included adjusting and relocating all the blowers so that they are facing more inwards and lowering the bay doors to reduce noise “spillover.” However, in communicating with the resident, they informed staff that the noise is still audible and persistent for the neighborhood but acknowledged that the noise level was less than previously. Staff requested Super Star to replace the blower with a quieter system, install sound dampening measures, or both. Super Star has placed orders for the new blower system and Acoustiblok sound dampening material but has not been able to provide staff with a definitive timeline since these items are on backorder.
Fiscal Impact
There is no fiscal impact since the item is for discussion purposes.
Attachments
Attachment 1 – Notice of Violation
Attachment 2 – Petition from Neighborhood
Attachment 3 – Signed Conditions of Approval
Applicant’s Initials: _____ Page 1 of 22
CONDITIONS OF APPROVAL
PROJECT: PA 2021-34/TPM 38195/TPM 38281/CUP 2021-09/CUP 2021-10/CUP 2021-11/CUP 2021-12/CDR 2021-17/ PCN
2021-01/PCN 2021-02/SIGN 2021-35
PROJECT NAME: Evergreen Commercial Development Project
PROJECT
LOCATION:
APNs: 377-020-014, 377-020-016, 377-020-017, 377-020-
018, and 377-020-019
APPROVAL DATE: April 25, 2023
EFFECTIVE DATE: April 25, 2023
EXPIRATION DATE: April 25, 2025
GENERAL
1. Planning Application No. 2021-34 involves the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, several quick-serve restaurants, a gas station with a convenience store, and a separate drive-through car wash with 369 parking spaces, which would be constructed in two phases over a total of 8.863 gross acres.
Tentative Parcel Map No. 38195 would include a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No. 2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10 would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2, Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. No. 2021-02 includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No. 2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping. Unifom Sign Program (SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated framework for all the signage within the center.The Proposed Project involves off-site roadway improvements along the Project site’s frontage. Two-way vehicular driveways are proposed from Central Avenue into Lots 1 and 3, and from Cambern Avenue into Lots 3 and 5. An emergency vehicle only access is also proposed from Allan Street into Lot 1. The project is located is located on Central Avenue/State Route 74 (SR-74) east of the intersection with Cambern Avenue (APNs: 377- 020-014, 377-020-016, 377-020-017, 377-020-018, and 377-020-019).
2. The applicant shall defend (with counsel reasonably acceptable to the City and the City will reasonably cooperate with the applicant if joint counsel is required, in the applicant’s reasonable discretion), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants (Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning approval, implementation and construction of PA 2021-34 (TPM 38195/TPM 38281/CUP 2021-09/CUP 2021-10/CUP 2021-11/CUP 2021-12/CDR 2021-17/ PCN 2021-01/PCN 2021-02/SIGN 2021-35), which action is bought within the time period provided for in California Government Code Sections DocuSign Envelope ID: 920BF3AB-CB21-4F3B-A759-52CAA5364431 Conditions of Approval PC: April 4, 2023
PA 2021-34 CC: April 25, 2023
Applicant’s Initials: _____ Page 2 of 22
65009 and/or 66499.37, and Public Resources Code Section 21167, including the approval, extension or modification of PA 2021-34 (TPM 38195/TPM 38281/CUP 2021-09/CUP 2021- 10/CUP 2021-11/CUP 2021-12/CDR 2021-17/ PCN 2021-01/PCN 2021-02/SIGN 2021-35) or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto.
The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. The City will promptly notify the applicant of any such claim, action, or proceeding against the City. If the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition.
3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records.
4. A Notice of Determination shall be filed with the County of Riverside within five working days after project approval. The current filing is $2,814.00.
PLANNING DIVISION
5. Tentative Parcel Map No. 38195 will expire two years from the date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City Council in accordance with the State of California Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal Code (LEMC).
6. Tentative Parcel Map No. 38195 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the LEMC, unless modified by these Conditions of Approval.
7. Tentative Parcel Map No. 38281 will expire two years from the date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City Council in accordance with the State of California Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal Code (LEMC).
8. Tentative Parcel Map No. 38281 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the LEMC, unless modified by these Conditions of Approval.
9. Commercial Design Review No. 2021-17 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (1) and (2) of LEMC, Section
17.415.050.I.1. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Section 17.415.050.I.2 shall run with the land for this two-year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site, which was the subject of the design review application.
DocuSign Envelope ID: 920BF3AB-CB21-4F3B-A759-52CAA5364431 Conditions of Approval PC: April 4, 2023
PA 2021-34 CC: April 25, 2023
Applicant’s Initials: _____ Page 3 of 22
10. Conditional Use Permit No. 2021-09 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the conditional use permit approval pursuant to subsections (a), (b), and (c) of Lake Elsinore Municipal Code (LEMC) Section 17.415.070.D.2. Subject to the provisions of LEMC Section 17.415.070.I, a conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure, which was the subject of the Conditional Use Permit application.
11. Conditional Use Permit No. 2021-10 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the conditional use permit approval pursuant to subsections (a), (b), and (c) of Lake Elsinore Municipal Code (LEMC) Section 17.415.070.D.2. Subject to the provisions of LEMC Section 17.415.070.I, a conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure, which was the subject of the Conditional Use Permit application.
12. Conditional Use Permit No. 2021-11 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the conditional use permit approval pursuant to subsections (a), (b), and (c) of Lake Elsinore Municipal Code (LEMC) Section 17.415.070.D.2. Subject to the provisions of LEMC Section 17.415.070.I, a conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure, which was the subject of the Conditional Use Permit application.
13. Conditional Use Permit No. 2021-12 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the conditional use permit approval pursuant to subsections (a), (b), and (c) of Lake Elsinore Municipal Code (LEMC) Section 17.415.070.D.2. Subject to the provisions of LEMC Section 17.415.070.I, a conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure, which was the subject of the Conditional Use Permit application.
14. Unifom Sign Program (SIGN) No. 2021-35 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (1) and (2) of Lake Elsinore Municipal Code (LEMC) Section 17.415.050.I.1. Notwithstanding conditions to the contrary, a design DocuSign Envelope ID: 920BF3AB-CB21-4F3B-A759-52CAA5364431 Conditions of Approval PC: April 4, 2023
PA 2021-34 CC: April 25, 2023
Applicant’s Initials: _____ Page 4 of 22
review granted pursuant to LEMC Section 17.415.050.I.2 shall run with the land for this twoyear period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site, which was the subject of the design review application.
15. An application for modification, expansion or other change in a Conditional Use Permit shall be reviewed according to the provisions of the Section 17.415.070 of the LEMC, in a similar manner as a new application.
16. If operation of a particular use violates these conditions of approval or code related to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, a Conditional Use Permit may be referred back to the Planning Commission for subsequent review at a Public Hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke that particular Conditional Use Permit.
17. The applicantor designee shall provide all project-related on-site and off-site improvements as required by these Conditions of Approval.
18. All Conditions of Approval shall be reproduced on page one of building plans prior to their acceptance by the Building and Safety Division, Community Development Department. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy.
19. All future development proposals shall be reviewed by the City on a project by project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required.
20. Any proposed minor revisions to approved plans shall be reviewed and approved by the Community Development Director or designee. Any proposed substantial revisions to the approved plans shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application.
21. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m.
Construction activity shall not take place on Sunday, or any Legal Holidays.
22. Hours of Operation for the Carwash located on Lot 1 shall be daily from 7:00 a.m. to 10:00 p.m.
23. No individual signs are approved as part of this approval. The applicant or designee shall submit an application for a sign permit, pay appropriate fees and receive approval from the Community Development Department for any sign(s) installed at the project site consistent with the sign program for the project.
24. In accordance with Section 17.112.090.O. of the LEMC, establishments engaged in the concurrent sale of motor vehicle fuel with alcoholic beverages shall abide by the following requirements:
a. No beer or wine shall be displayed within five feet of the cash register or the front door.
DocuSign Envelope ID: 920BF3AB-CB21-4F3B-A759-52CAA5364431 Conditions of Approval PC: April 4, 2023
PA 2021-34 CC: April 25, 2023
Applicant’s Initials: _____ Page 5 of 22
b. No advertisement of alcoholic beverages shall be displayed at motor fuel islands. c. No sale of alcoholic beverages shall be made from a drive-in window. d. No display or sale of beer or wine shall be made from an ice tub. e. No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows. f. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell beer and wine.
25. Graffiti shall be removed within 24 hours.
26. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours, except in containers designated for such purpose.
27. No outside overnight storage of inoperable vehicles shall occur at the site.
28. There shall be no loitering in or around the business.
29. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Community Development Director. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the property owner or any successors in interest.
30. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify the applicableapprovals herein granted, deny or further condition issuance of applicable future building permits, deny revoke, or further condition applicable certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the applicable property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation.
Prior to Recordation of Final Map(s)
31. All lots shall comply with minimum standards set forth in Chapter 17.124 (C-2 General Commercial District) of the LEMC.
32. A precise survey with closures for boundaries and all lots shall be provided per the LEMC.
33. All of the project improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore.
34. Prior to recordation of a Final Map, the applicant shall initiate and complete Covenants, Conditions and Restrictions (CC&Rs) which shall be approved by the City. All CC&R documents that address including, but not limited to, reciprocal easements, shall be submitted for review and approval by City Planning, Engineering and the City Attorney and upon City approval shall be recorded. Such documents shall include Covenants, Conditions and Restrictions (CC&Rs).
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a. All slopes, landscaping within public right-of-way, all drainage basins, and common areas including but not limited to parking areas and drive aisles, shall be maintained in accordance with the CC&Rs.
b. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the CC&Rs for the project.
Prior to Issuance of Grading Permits/Building Permits
35. The applicant or designee shall pay all applicable City fees, including but not limited to Development Impact Fees (DIF) and MSHCP Fees per LEMC Section 16.85, at the rate in effect at the time of payment.
36. Prior to the issuance of a grading permit for the Project site and prior to the start of Project activities, if required the Applicant shall notify the California Department of Fish and Wildlife (CDFW) for impacts to Fish and Game Code section 1602 resources. If required, the applicant shall either receive a Streambed Alteration Agreement or written documentation from CDFW that a Streamed Alteration Agreement is not needed.
37. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be adhered to during all site preparation and construction activity.
38. Prior to the issuance of a grading permit, the applicant shall place a weatherproof 3’ X 3’ sign at the entrance to the project site identifying the approved days and hours of construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m. Construction activity shall not take place on Sunday, or any Legal Holidays. The sign shall identify the name and phone number of the site contractor and/or development manager to address any complaints
39. Prior to issuance of a building permit, the applicant shall submit water and sewer plans to the Elsinore Valley Municipal Water District (EVMWD) for review and approval. The applicant shall incorporate all EVMWD required conditions and standards.
40. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan.
41. The property address (in numerals at least six inches high) shall be displayed near the entrance and be easily visible from the front of the subject property and public right-of-way.
42. The applicant shall construct trash enclosure(s) with a decorative roof to match the colors, materials and design of the project architecture.
43. A uniform hardscape and sitefurniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits.
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44. Prior to issuance of Building Permit, the Applicant shall submit a photometric study to the Community Development Department for review and approval. The plan shall ensure that all exterior on-site lighting are shielded and directed on-site so as not to create glare onto neighboring properties and streets or allow illumination above the horizontal plane of the fixture.
45. Prior to the issuance of a Building Permit, all exterior wall mounted and freestanding light fixtures shall be submitted for review and approval by the Director of Community Development, or their designee. Light fixtures shall compliment the architectural style of the buildings onsite.
46. Prior to the issuance of a Building Permit, the color, finish and pattern of all decorative paving onsite shall be submitted for review and approval by the Director of Community Development, or their designee.
47. Prior to issuance of building permit, a Final Wall and Fence Plan that includes solid screening material for the emergency access gate at Allan Street shall be submitted for review and approval by the Director of Community Development, or their designee.
48. Prior to issuance of a building permit, Final Landscaping / Irrigation Detail Plans shall be submitted along with appropriate fees for review and approval by the Community Development Director or designee.
a. All planting areas shall have permanent and automatic sprinkler system with 50% plant coverage using a drip irrigation method.
b. All planting areas shall be separated from paved areas with a six inch (6”) high and six inch (6”) wide concrete curb. Runoff shall be allowed from paved areas into landscape areas to the maximum extent feasible.
c. Planting within fifteen feet (15’) of ingress/egress points shall be no higher than twentyfour inches (24”). d. Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines.
e. No required tree planting bed shall be less than 5 feet wide. f. Root barriers shall be installed for all trees planted within 10 feet of hardscape areas to include sidewalks.
g. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. h. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City’s adopted Landscape Guidelines. i. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance reviewed by the Landscape Consultant and approved by the Community Development Director or Designee.
j. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. k. Final landscape plan must be consistent with approved site plan. l. Final landscape plans to include planting and irrigation details. m. Final landscape plans shall include drought tolerant planting consistent with Elsinore Valley Municipal Water District standards subject to plan check and approval by the City’s landscape plan check consultant.
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n. No turf shall be permitted.
49. The proposed location of on-site construction trailers shall be approved by the Community Development Director or designee. A cash bond of $1,000 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to approval of the Community Development Director or designee. Such trailer(s) shall be fully on private property and outside the public right of way.
BUILDING DIVISION
General Conditions
50. Final Building and Safety Conditions. Final Building and Safety Conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal.
51. Compliance with Code. All design components shall comply with applicable provisions of the 2022 edition of the California Building, Plumbing and Mechanical Codes: 2022 California Electrical Code; California Administrative Code, 2022 California Energy Codes, 2022 California Green Building Standards, California Title 24 Disabled Access Regulations, and Lake Elsinore Municipal Code.
52. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include:
a. All ground floor units to be adaptable.
b. Disabled access from the public way to the entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement.
53. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi-family residential projects or a recorded final map for single- family residential projects. It takes 10 days to issue address and notify other agencies. Please contact Sonia Salazar at [email protected] or 951-674-3124 X 277.
54. Obtain Approvals Prior to Construction. Applicant must obtain all applicableplans and permit approvals prior to commencement of such construction work.
55. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits.
56. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. Septic systems will need to be approved from Riverside County Environmental Health Department before permit issuance.
57. House Electrical Meter. Applicant shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans DocuSign Envelope ID: 920BF3AB-CB21-4F3B-A759-52CAA5364431 Conditions of Approval PC: April 4, 2023
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how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed.
At Plan Review Submittal
58. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including:
a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work.
b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2022 edition of the California Building Code. c. A precise grading plan to verify accessibility for the persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer.
Prior to Issuance of Grading Permit(s)
59. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval.
60. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project.
Prior to Issuance of Building Permit(s)
61. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Provide C.D. of approved plans to the Building Division.
Prior to Beginning of Construction
62. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction.
ENGINEERING DEPARTMENT
General
63. All new submittals for plan check or permit shall be made using the City’s online Citizen Self-Service Portal (CSSP).
64. All plans shall be prepared by a Registered Civil Engineer using the City’s standard title block.
65. All required soils, geology, hydrology and hydraulic and seismic reports shall be prepared by a Registered Civil Engineer.
66. All slopes and landscaping within the public right-of-way shall be maintained by the property owner, owner’s association, firms contracted by the property owner’s association, or another DocuSign Envelope ID: 920BF3AB-CB21-4F3B-A759-52CAA5364431 Conditions of Approval PC: April 4, 2023
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maintenance entity approved by the City Council.
67. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by the property owner or its designee in accordance with the CC&Rs.
68. In accordance with the City’s Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR&R, Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated both during cleaning, demolition, clear and grubbing or all other phases of construction and during occupancy.
69. Applicant shall submit a detailed hydrology and hydraulic study for review for the sufficient containment and conveyance of the storm water to a safe and adequate point as approved by the City Engineer.
70. The site will accommodate all construction activity, building activity, vehicles, etc. No staging on public streets, or private property belonging to others shall be conducted without the written permission of the property owner.
71. Minimum good housekeeping and erosion and sediment control Best Management Practices (BMPs) as identified by the City shall be implemented.
FEES
72. Applicant or designee shall pay all applicable permit application and Engineering assessed fees, including without limitation plan check and construction inspection fees, at the prevalent rate at time of payment in full.
73. Applicant or designee shall pay all applicable Mitigation and Development Impact Fees at the prevalent rate at time of payment in full. Fees are subject to change. Mitigation and Development Impact Fees include without limitation:
Master Plan of Drainage Fee – Due prior to Final Map approval or Grading Permit issuance, whichever is first.
Traffic Infrastructure Fee (TIF) – Due prior to Building Permit issuance Transportation Uniform Mitigation Fee (TUMF) – Due prior to Occupancy Stephens’ Kangaroo Rat Habitat Mitigation Fee (K-Rat) – Due prior to Grading Permit issuance.
74. The project shall pay fair share fees as determined by and specified in Table 1-3 of the Traffic Analysis dated July 27, 2022. Project fair share fees for Phase 1 are due prior to issuance of a Building Permit on Phase 1. Project fair share fees for Phase 2 are due prior to issuance of a Building Permit on Phase 2.
PARCEL MAP / LAND DIVISION
75. Applicant shall submit for plan check review and approval of the Parcel Maps.
76. Any dedications and easements made by separate instruments and not on the Parcel Map shall be prepared by the developer or his agent and shall be submitted to the Engineering Department for review and approval.
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77. Applicant shall dedicate right-of-way along Central Avenue (State Route 74) adjacent to the property frontage for a minimum total right-of-way of 67 feet from centerline to the project property line. Central Avenue is classified as an Augmented Urban Arterial Highway in the City’s General Plan Circulation Element, where full-width is 134 feet and curb-to-curb width is 110 feet.
78. Applicant shall dedicate right-of-way along Cambern Avenue adjacent to the property frontage for a total right-of-way of 45 feet from centerline to the project property line.
Cambern Avenue is classified as a Secondary Highway in the City’s General Plan Circulation Element, where full-width is 90 feet and curb-to-curb width is 70 feet.
79. Underground water rights shall be dedicated to the City pursuant to the provisions of Section
16.52.030 in the Lake Elsinore Municipal Code (LEMC), and consistent with the City’s agreement with the Elsinore Valley Municipal Water District.
80. Right-of-way and easement dedications to the City as required in these Conditions of Approval shall be made on the Parcel Maps.
81. Prior to scheduling City Council approval of the Parcel Maps, the applicant shall, in accordance with Government Code, have constructed the applicableimprovements or have the applicable improvement plans submitted and approved, agreements executed, and securities posted.
82. Monumentation shall be in accordance with LEMC Section 16.32 and Subdivision Map Act.
83. Security and inspection fee for monumentation shall be paid and two contiguous monuments shall be inspected prior to scheduling City Council approval of Parcel Map.
84. Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the City for review approval. Recordation shall be prior to or at the time of recordation of the Parcel Map(s).
STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES
Design
85. The project is responsible for complying with the Santa Ana Region National Pollutant Discharge Elimination System (NPDES) Permits as warranted based on the nature of development and/or activity. These permits include:
General Permit – Construction
De Minimis Discharges
MS4
86. The 2010 SAR MS4 Permit requires evaluation of the site for implementation of LID Principles and LID Site Design, where feasible, to treat the pollutants of concern identified for the project (Section XXII.E.2, XII.E3, and XII.E.7).
87. A Final Water Quality Management Plan (WQMP) shall be prepared using the Santa Ana Region of Riverside County Guidance Document and approved template and submitted for review and approval to the City.
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Phase 1 Final WQMP shall be approved with the rough grading plan approval, scheduling City Council approval of Parcel Map 38195, or issuance of any permit for construction, whichever is first.
Phase 2 Final WQMP shall be approved with the rough grading plan approval, scheduling City Council approval of Parcel Map 38281, or issuance of any permit for construction, whichever is first.
Prior to any revision or modification to the approved Final WQMP, the applicant must notify the City Engineering Department. Upon City acceptance of revisions, a Final WQMP shall be submitted, reviewed and approved prior to issuance of any subsequent permits.
88. The Final WQMP shall document the following:
Detailed site and project description.
Potential stormwater pollutants.
Post-development drainage characteristics.
Low Impact Development (LID) BMP selection and analysis. Structural and non-structural source control BMPs.
Treatment Control BMPs.
Site design and drainage plan (BMP Exhibit).
Documentation of how vector issues are addressed in the BMP design, operation and maintenance.
GIS Decimal Minute Longitude and Latitude coordinates for all LID and Treatment Control BMP locations.
Hydraulic Conditions of Concern (HCOC) – demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2-year, 24- hour rainfall event will not cause adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts downstream public facilities and water bodies. Evaluation documentation shall include pre- and post-development hydrograph volumes, time of concentration and peak discharge velocities, construction of sediment budgets, and a sediment transport analysis. If HCOC applies, the project shall implement measures to limit disturbance of natural water bodies and drainage systems; conserve natural areas; protect slopes and channels; and minimize significant impacts from urban runoff. (Note the facilities may need to be larger due to flood mitigation for the 10-year, 6- and 24-hour rain events). Operations and Maintenance (O&M) Plan and Agreement (using City approved form and/or CC&Rs) as well as documentation of formation of funding district for long term maintenance costs or in accordance with the CC&Rs.
89. Parking lot landscaping areas shall be designed to provide for treatment, retention or infiltration of runoff to the maximum extent feasible.
90. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape to the maximum extent feasible.
91. Project trash enclosure shall be covered, bermed, and designed to divert drainage from adjoining paved areas and regularly maintained.
92. If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, the applicant shall obtain certification through the Santa Ana Regional Water Quality Control Board and provide a copy to the Engineering Department.
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93. All storm drain inlet facilities shall be appropriately marked “Only Rain in the Storm Drain” using the City authorized marker.
94. The project shall use either volume-based and/or flow-based criteria for sizing BMPs in accordance with NPDES Permit Provision XII.D.4.
95. The project site shall implement full trash capture methods/devices approved by the Region Water Quality Control Board.
96. All vehicle/equipment washing/steam cleaning areas must be self-contained and/or covered, equipped with a clarifier or other pretreatment facility, and properly connected to a sanitary sewer or other appropriately permitted disposal facility. Plan Requirements: The Owner/Applicant shall incorporate vehicle/equipment wash requirements into project design and depict on plans, including detail plans as needed.
97. All restaurants and commercial food handling facilities must provide an area for the washing/steam cleaning of equipment and accessories. The area must be self-contained, equipped with a grease trap, and properly connected to a sanitary sewer. If the wash area is located outdoors, it must be covered, paved have secondary containment, and be connected to the sanitary sewer or other appropriately permitted disposal facility. Plan Requirements: The Owner/Applicant shall incorporate these food facility requirements into project design and depict on plans, including detail plans as needed.
Construction
98. A Storm Water Pollution Prevention Plan (SWPPP) (as required by the NPDES General Construction Permit) and compliance with the Green Building Code for sediment and erosion control are required for this project.
99. Prior to grading or building permit for construction or demolition and/or weed abatement activity, projects subject to coverage under the NPDES General Construction Permit shall demonstrate that compliance with the permit has been obtained by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of the City Engineer. A copy of the SWPPP shall be kept at the project site, updated, and be available for review upon request. 100. Erosion & Sediment Control – Prior to the issuance of any grading or building permit for construction or demolition, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance with the City’s NPDES Program and state water quality regulations for grading and construction activities. A copy of the plan shall be incorporated into the SWPPP, kept updated as needed to address changing circumstances of the project site, be kept at the project site, and available for review upon request. 101. Chemical Management – Prior to issuance of building permits for any tank or pipeline, the uses of said tank or pipeline shall be identified and the developer shall submit a Chemical Management Plan in addition to a WQMP with all appropriate measures for chemical management (including, but not limited to, storage, emergency response, employee training, spill contingencies and disposal) in a manner meeting the satisfaction of the DocuSign Envelope ID: 920BF3AB-CB21-4F3B-A759-52CAA5364431 Conditions of Approval PC: April 4, 2023
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Manager, Permit Intake, in consultation with the Riverside County Fire Department and wastewater agencies, as appropriate, to ensure implementation of each agency’s respective requirements. A copy of the approved “Chemical Management Plans” shall be furnished to the Fire Marshall, prior to the issuance of any Certificates of Use and Occupancy.
Post-Construction
102. Prior to the issuance of a certificate of use and/or occupancy, the applicant or designee shall demonstrate compliance with applicable NPDES permits for construction, industrial/commercial, MS4, etc. to include:
Demonstrate that the project has complied with all non-structural BMPs described in the project’s WQMP.
Provide signed, notarized certification from the Engineer of Work that the structural BMPs identified in the project’s WQMP are installed in conformance with approved plans and specifications and operational.
Submit a copy of the fully executed, recorded City approved Operations and Maintenance (O&M) Plan and Agreement for all structural BMPs or a copy of the recorded City approved CC&R.
The Operation and Maintenance (O&M) Plan and Agreement and/or CC&R’s shall: (1) describe the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identify the entity that will be responsible for long-term operation and maintenance of the referenced BMPs; (3) describe the mechanism for funding the long-term operation and maintenance of the referenced BMPs; and (4) provide for annual certification for water quality facilities by a Registered Civil Engineer. The City format shall be used.
Provide documentation of formation of or annexation into a CFD for funding facilities to be maintained by the City or other funding mechanism as approved by the City. Demonstrate that copies of the project’s approved WQMP (with recorded O&M Plan or CC&R’s attached) are available for each of the initial occupants. Agree to pay for a Special Investigation from the City of Lake Elsinore for a date twelve (12) months after the issuance of a Certificate of Use and/or Occupancy for the project to verify compliance with the approved WQMP and O&M Plan. A signed/sealed certification from the Engineer of Work dated 12 months after the Certificate of Occupancy will be considered in lieu of a Special Investigation by the City. Provide the City with a digital .pdf copy of the Final WQMP.
UTILITIES
103. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the applicant, property owner, and/or his agent.
Overhead utilities (34.5 kV or lower) shall be undergrounded (LEMC Section 16.64). 104. Underground water rights shall be dedicated to the City pursuant to the provisions of LEMC Section 16.52.030, and consistent with the City’s agreement with the Elsinore Valley Municipal Water District. Dedication shall be made on the Parcel Map. 105. Applicant shall apply for, obtain, and submit to the City Engineering Department a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities. Non-Interference Letter (NIL) shall be provided prior to issuance of Grading Permit.
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106. Submit a “Will Serve” letter to the City Engineering Department from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure, volume, etc. Will Serve letters shall be provided prior to issuance of Grading Permit.
IMPROVEMENTS
107. Applicant shall implement traffic mitigation measures identified in the Traffic Analysis by Urban Crossroads dated July 27, 2022, as specified in Section 1.6 and Table 1-3 of the study to the satisfaction of the City Engineer. All street improvements shall be implemented as part of the first phase of the project. Improvements include but are not limited to:
Cambern Avenue & Central Avenue (State Route 74)
i. Modify to accommodate a minimum of 190 feet of storage for the northbound left turn lane.
ii. Restripe the existing lanes to accommodate a 2nd northbound left turn lane and single through lane.
iii. Construct a northbound right turn lane.
iv. Modify the existing traffic signal to accommodate improvements. Central Avenue (State Route 74) & Project Driveway 4
i. Install stop control on the northbound approach and construct a right turn lane (project driveway). Project shall prohibit left turn access at Driveway 4 by implementing necessary signage and striping.
ii. Construct an eastbound right turn pocket with a minimum of 100 feet of storage. Cambern Avenue & Project Driveway 1
i. Accommodate two (2) northbound through lanes and a northbound right turn lane. ii. Install a stop control on the westbound approach and construct westbound right turn lane (project driveway).
iii. Construct a raised median along Cambern Avenue to prohibit left turn access at Driveway 1.
Central Avenue (State Route 74) & Project Driveway 5
i. Install a stop control on the northbound approach and construct a right turn lane (project driveway). Project shall prohibit egress left turn access by implementing necessary signage and striping at driveway location.
ii. Construct eastbound right turn lane.
iii. Construct westbound left turn lane with a minimum of 100 feet of storage. Construction of ultimate half-width street improvements along the property frontage on Central Avenue (minimum 67 foot half-width). Improvements include but are not limited to new AC pavement and base material, curb, gutter, sidewalk, parking landscaping, and street lights.
Construction of ultimate half-width street improvements along the property frontage on Cambern Avenue (minimum 45 foot half width) between Central Avenue and southern boundary of Phase 1. Improvements include but are not limited to new AC pavement and base material, curb, gutter, sidewalk, parkway landscaping, and street lights. The roadway DocuSign Envelope ID: 920BF3AB-CB21-4F3B-A759-52CAA5364431 Conditions of Approval PC: April 4, 2023
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shall include a minimum of two travel lanes in each direction and striping for left-turn storage.
Cambern Avenue & Project Driveway 2
i. Install stop control on the westbound approach and construct a left turn lane and right turn lane (project driveway).
ii. Construct a northbound right turn lane.
iii. Construct a southbound left turn lane with minimum of 75 feet of storage. Cambern Avenue & Project Driveway 3
i. Install stop control on the westbound approach and construct a right turn lane (project driveway). Driveway shall be striped and signed to restrict access to right-in/right-out access only.
Construction of ultimate half-width street improvements along the property frontage on Cambern Avenue (minimum 45 foot half-width) between boundary of Phase 2.
Improvements include are not limited to new AC pavement and base material along with curb, gutter, sidewalk, parkway landscaping, and street lights. The roadway shall include minimum of two travel lanes in each direction and striping for left-turn storage. 108. Sight distance into and out at each project driveway shall comply with City or Caltrans standards. Project shall ensure facilities are installed in the line of sight of drivers. 109. 10-year storm runoff shall be contained within the curb and the 100-year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided.
110. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. All public storm drain improvements shall be constructed as part of the first phase of the project.
111. A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and proposed off-site and on-site drainage facilities; and include a capacity analysis verifying the adequacy of the facilities.
The drainage system shall be designed to ensure that runoff from a 10-year storm of 6 hours and 24 hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6-hour and 24-hour storm duration shall be analyzed to determine the detention.
112. All storm drain facilities conveying off-site flows shall be constructed as part of the first phase of the project. If the project proposes to phase out the improvement of facilities conveying off-site flows, the project must demonstrate that natural drainage pathways are no impacted.
Approval from the City, Riverside County Flood Control, or applicable agency shall be obtained.
113. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off-site drainage, if different from historic flow, shall be conveyed to a public facility. 114. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area to the maximum extent feasible.
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115. The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3).
116. All existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted with a storm drain filter; all new storm drain inlet facilities constructed by this project shall include a storm drain filter.
117. A California Registered Civil Engineer shall prepare the improvement, signing and striping and traffic signal plans required for this project. Improvements shall be designed and constructed to City Standards and Codes (LEMC 12.04 and 16.34). 118. If existing improvements are to be modified, the existing improvement plans on file shall be revised accordingly and approved by the City Engineer prior to issuance of a building permit. 119. Project will be responsible to design and install streetlights along the property’s frontage.
Streetlight system shall be designed as LS-2B system. Streetlight plans shall include but not limited to details such as location, pole and luminaire type, and pull box design.
Streetlight plans may be included as part of the Street Improvement Plans. 120. Project shall coordinate with Riverside Transit Authority (RTA) for location and installation of bus transit facilities. Required bus stop improvements and/or relocation shall be shown on plans submitted for project grading and development. Improvements are subject to review and approval by the RTA. Improvements shall be installed prior to first occupancy.
Permitting/Construction
121. An Encroachment Permit shall be obtained prior to any work on City right-of-way. The developer shall submit the permit application, required fees, and executed agreements, security and other required documentation prior to issuance. 122. An Encroachment Permit from Riverside County shall be obtained prior to any work within Riverside County right-of-way or connections to Riverside County Flood Control facilities.
Permit shall be obtained prior to issuance of applicable City permits. 123. All compaction reports, grade certification, monument certification (with tie notes delineated on 8 ½ X 11” Mylar) shall be submitted to the Engineering Department before final inspection of public works improvements will be scheduled and approved.
PRIOR TO GRADING PERMIT
Design
124. A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and/or movement of soil (grading) on site. The plan shall include separate sheets for erosion control, haul route and traffic control.
The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual. 125. All grading plan contours shall extend to minimum of 50 feet beyond property lines to DocuSign Envelope ID: 920BF3AB-CB21-4F3B-A759-52CAA5364431 Conditions of Approval PC: April 4, 2023
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indicate existing drainage pattern.
126. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 127. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and/or topography shall be in compliance with Federal, State and Local law and be approved by the City Engineer.
128. A seismic study shall be performed on the site to identify any hidden earthquake faults, liquefaction and/or subsidence zones present on-site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard prior to grading permit. If applicable, the location of faults, active or inactive shall be shown on the plan sets.
129. The applicant shall obtain all necessary off-site easements and/or permits for off-site grading and the applicant shall accept drainage from the adjacent property owners. 130. Applicant shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage.
131. All natural drainage traversing the site (historic flow) shall be conveyed through the site in a manner consistent with the historic flow or to one or a combination of the following: to a public facility; accepted by adjacent property owners by a letter of drainage acceptance; or conveyed to a drainage easement as approved by the City Engineer.
Permitting/Construction
132. Applicant shall execute and submit grading and erosion control agreement, post grading security, and pay permit fees as a condition of grading permit issuance. 133. No grading shall be performed without first having obtained a Grading Permit. A grading permit does not include the construction of retaining walls or other structures for which a Building Permit is required.
134. A preconstruction meeting with the City Engineering Inspector (Engineering Department) is required prior to commencement of any grading activity. 135. Prior to commencement of grading operations, Applicant or designee shall provide to the City a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. Hauling in excess of 5,000 cubic yards shall be approved by the City Council (LEMC Section 15.72.065). All required documents shall be submitted and approved prior to scheduling for City Council. 136. Import/Export sites located within the Lake Elsinore City limits must have an active grading permit.
137. Applicant or designee to provide to the City a video record of the condition of all proposed DocuSign Envelope ID: 920BF3AB-CB21-4F3B-A759-52CAA5364431 Conditions of Approval PC: April 4, 2023
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public City haul roads. In the event of damage to such roads, the applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to approval of the City Engineer. 138. All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City.
139. Review and approval of the project sediment and erosion control plan shall be completed.
As warranted, a copy of the current SWPPP shall be kept at the project site and be available for review upon request.
140. Approval of the project Final Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a precise grading permit. 141. Applicant shall obtain applicable environmental clearance from the Planning Department and submit applicable clearance document to the Engineering Department. This approval shall specify that the project complies with any and all required environmental mitigation triggered by the proposed grading activity.
PRIOR TO BUILDING PERMIT
142. Parcel Map shall be recorded prior to issuance of first applicable building permit. 143. Provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 144. Prior to issuance of certificates of use and occupancy or building permits for individual tenant improvements or construction permits for a tank or pipeline, facility uses shall be identified and, for specified uses (where the proposed improvements will store, generate or handle hazardous materials in quantities that will require permitting and inspection once operational), the applicant shall propose plans and measures for chemical management (including, but not limited to storage, emergency response, employee training, spill contingencies and disposal) to the satisfaction of the City Building Official(s). 145. All public improvement plans, traffic signal plans, signing and striping plans shall be completed and approved by the City Engineer and as specified in the Traffic Analysis dated July 27, 2022.
146. All required public right-of-way dedications and easements prepared by a separate instrument shall be prepared by the developer or his agent and shall be submitted to the Engineering Department for review and approval prior to issuance of the building permit. 147. Any dedications, vacations and easement agreement(s) not processed on the parcel map for ingress and egress through adjacent property(ies) shall be recorded andthe recorded copy provided to the City prior to issuance of theapplicable certificate of occupancy.
PRIOR TO OCCUPANCY / FINAL APPROVAL
148. All public improvements shall be completed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer prior to issuance of first DocuSign Envelope ID: 920BF3AB-CB21-4F3B-A759-52CAA5364431 Conditions of Approval PC: April 4, 2023
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occupancy.
149. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided.
150. Applicant shall provide a digital copy of the recorded Covenants, Conditions, and Restrictions (CC&Rs) to the Engineering Department.
151. As-built plans for all approved plan sets shall be submitted for review and approval by the City. The developer/owner is responsible for revising the original mylar plans. 152. In the event of the damage to City roads from hauling or other construction related activity, applicant or designee shall pay full cost of restoring public roads to the baseline condition. 153. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certification (with tie notes delineated on 8 ½ X 11” Mylar) shall be submitted in .tif format on a USB flash drive or electronically to the Engineering Department before final inspection will be scheduled.
154. All required public right-of-way dedications, easements, vacations and easement agreement(s) shall be recorded with a recorded copy provided to the City prior to first occupancy.
155. Applicant or designee shall pay all outstanding applicable processing and development fees prior to occupancy and/or final approval.
156. Applicant or designee shall submit documentation pursuant to City’s Security Release handout.
157. Applicant or designee shall submit as-built all Engineering Department approved project plan sets. After City approval of paper copy, the developer/owner is responsible for revising the original mylar plans. Once the original mylars have been approved, the developer shall provide the City with a digital copy of the “as-built” plans in .tif format. 158. Applicant or designee shall provide AutoCAD and GIS Shape files of all Street and Storm Drain plans. All data must be in projected coordinate system: NAD 83 State Plane California Zone VI U.S. Fleet. All parts and elements of the designed system shall be represented discretely. Include in the attribute table basic data for each feature, such as diameter and length, as applicable, and for pipes include material (PVC, RCP, etc.) and slope.
CITY OF LAKE ELSINORE FIRE MARSHAL
159. The applicant/operator shall comply with all requirements of the Riverside County Fire Department Lake Elsinore Office of the Fire Marshal. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Office of the Fire Marshal at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225. 160. The applicant or developer shall provide fire hydrants in accordance with the following:
Prior to placing any combustibles on site, provide an approved water source for firefighting purposes.
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Prior to building permit issuance, submit plans to the water district for a public fire hydrant system capable of delivering fire flow as required by the California Fire Code and Fire Department standards. Fire hydrants shall be spaced in accordance with the California Fire Code. Hydrants must produce the required fire flow per the California Fire Code. Required fire flow is estimated to be 2,750 GPM at 20 PSI for a 2-hour duration based on 2019 California Fire Code and 43,050 square foot building area with Type V-B construction.
161. To improve public safety, prior to the completion and final approval of each development phase, the developer shall provide one public fire hydrant in or accessible from the public right-of-way along Central Avenue for a minimum of two hydrants constructed in accordance with EVMWD and Fire Department standards.
162. Each development phase must comply with applicable Fire Code requirements and Fire Department standards at the time of construction independently of future development, including emergency vehicle access and firefighting water supply.
DEPARTMENT OF ADMINISTRATIVE SERVICES
Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services)
163. Prior to approval of the first certificate of occupancy (as applicable), the applicant shall annex into the Community Facilities District No. 2015-2 (Maintenance Services) or current Community Facilities District in place at the time of annexation to fund the on-going operation and maintenance of the public right-of-way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, street maintenance, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services. Applicant shall make a non-refundable deposit of $15,000 or at the current rate in place at the time of annexation toward the cost of annexation, formation or other mitigation process, as applicable.
MITIGATION MONITORING AND REPORTING PROGRAM
164. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring & Reporting Program for the Mitigated Negative Declaration (Environmental Review No. 2021-05; SCH # 2022090133) prepared for the Project.
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I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City Council of the City of Lake Elsinore on April 25, 2023. I also acknowledge that all Conditions shall be met as indicated.
Date:
Applicant’s Signature:
Print Name:
Address:
Phone Number:
April 26, 2023 (602) 808-8600
2390 E Camelback Rd Ste 410
Phoenix, AZ 85016
Dana Dragon, Evergreen Devco Inc.
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To address these ongoing concerns, I respectfully request that any future sound studies be scheduled during peak operating hours and conducted in the presence of a city representative.
Thank you for your time and assistance in resolving this matter.
Sincerely,
David McLean